Roommate owes you rent or bills — suing in California small claims court
Screenshot everything before you send a demand, including the group chat. People leave and delete conversations once money is in dispute, and these cases are won on the thread.
General information about California procedure. We are not a law firm and cannot advise on your case.
Your deadline to file
2 years — Oral agreement, which is what most roommate arrangements are (Code Civ. Proc. § 339).
If you both signed something — even a scrappy written agreement or a group chat setting out the split — you may have 4 years (Code Civ. Proc. § 337).
What this kind of case is worth
Roommate debt claims in California small claims court typically run from $300 to $6,000. An individual may claim anything under $12,500; an entity is capped at $6,250.
| Amount you are claiming | Filing fee |
|---|---|
| up to $1,500 | $30 |
| over $1,500 up to $5,000 | $50 |
| over $5,000 up to $12,500 | $75 |
| More than 12 small claims filed in the past 12 months | $100 |
How to start
Before you file, you have to have asked the defendant to pay — the SC-100 asks you to confirm it. A written demand with a deadline does three useful things at once: it satisfies that requirement, it creates a dated record the judge can see, and quite often it ends the dispute without a filing fee.
If the letter does not work, file SC-100 with the small claims division of the Superior Court in the right county — generally where the defendant lives or does business, or where the deal was made or performed.
What to bring to the hearing
A small claims judge has minutes, not hours. Walk in with these, each one labelled, plus a copy for the judge and a copy for the other side.
- Any written agreement about the split, however informal
- The lease showing who was on it
- Proof you paid the full amount — bank statements, canceled checks, landlord receipts
- The group chat or texts where the arrangement was discussed
- Utility bills in your name and proof you paid them
- Any message where they acknowledge owing you
What they will argue back
Expect one of these. Knowing which is coming is most of the preparation.
- They claim the split was different — screenshots of the original conversation decide it
- They claim they paid you in cash — ask what proof exists
- They claim they were forced out early or the place was uninhabitable
Serving the papers
Filing is not the hard part. Service of process is where self-represented cases most often come apart. The defendant has to be formally notified, you cannot do it yourself, and you must file proof that it happened on form SC-104 before the hearing. Use the sheriff, a registered process server, or any adult who is not a party to the case.
The hearing
You cannot bring a lawyer to argue for you at a California small claims hearing. Neither can the other side. That is the whole point of the forum: the rules are simplified so two people can explain a disagreement to a judge without needing representation. You may get advice from an attorney before and after, and lawyers are permitted on appeal — but on the day, it is you.
Common questions
Can I sue a roommate who was never on the lease?
Yes. Your claim is against them for the amount they agreed to pay you, and that agreement can be oral. Not being on the lease matters to the landlord, not to the deal between the two of you. It does mean you should expect to prove the agreement existed, which is where the messages come in.
What if the landlord kept the deposit because of their damage?
You can sue the roommate for the share of the deposit their conduct cost you, but you will need to connect the landlord's deductions to that person specifically. The landlord's itemized statement plus move-out photographs showing whose room or belongings caused the damage is the evidence that does it.
Start with a demand letter
Most California small claims cases settle before anyone sees a courtroom. The letter is free to write, and you can have us print and certified-mail it for $29.
No account needed to start. We are not a law firm and cannot give legal advice.