How do I sue my landlord?

If your landlord owes you money, you can sue them in Small Claims court. This article focuses on claims $12,000 and under. If you wish to sue for over $12,000, Go to the Court of Common Pleas at City Hall, Room 296.

What can I sue my landlord for?

Common claims against landlords include:

  1. Lost or Damaged Items.  If your belongings were lost or damaged due to your landlord’s action or inaction, you may sue for the cost to replace items that were lost or damaged.
    • Example: A pipe bursts in the apartment above you and floods your bedroom.  Your mattress is ruined.  You may ask that the landlord pay for the cost to replace your mattress and dresser.
  2. Rent Abatement.  If you requested repairs in writing, and your landlord did not make the repairs in a timely manner, and your property was not habitable or only partially habitable for a period of time, you may sue for an abatement (reduction) of your rent for the period of time that the property was not habitable or only partially habitable.
    • Example: In January you ask your landlord by email to repair your heater.  In April your landlord completes the repair.  You may ask that the landlord abate your rent a certain amount (perhaps $400 each month) for the 3 months you lived in the property without heat ($1200 total).
  3. High Utility Bills.  If you got high utility bills after telling your landlord in writing about repair issues related to that utility, you may sue your landlord for the difference between a normal bill and the high bill(s).
    • Example: In May you text your landlord requesting they repair a leaky toilet.  In July, your landlord completes the repair.  Your water bill for June is $250.  Your water bill is usually $100.  You may ask that the landlord pay $150 for the high water bill for the period of time that the reported leak was not repaired.
  4. Emergency Repairs.  If you paid for emergency repairs after telling your landlord about the emergency repair issue, you may sue your landlord for the cost of labor and materials.
    • Example: The sewer line cracks and sewage starts flowing into your basement. Your landlord does not respond to phone calls, emails or text messages.  You call an emergency plumber and pay them $500 to repair the sewer line.  You may ask the landlord to pay you for the cost of the repair.
  5. Emergency Accommodations.  If you can not physically remain in your rental property due to an emergency that you did not cause, you may sue your landlord for the cost of meals and accommodations.
    • Example: There is an electrical fire in the basement due to old wiring, and you must leave the property.  You stay in a hotel for 5 days while the landlord makes repairs.  You can demand that the landlord pay you for the cost of the hotel room and meals you ate while you were displaced from the property.
  6. Lead Safe or Lead Free Certification.  If your landlord was required to provide you with a lead safe or lead free certificate and didn’t, you may sue for all rent paid before you received a Lead Safe or Lead Free Certificate as well as $2000 exemplary damages. Visit What can I do about lead paint? for more information.
  7. Security deposit.  If your landlord kept your security deposit without good cause, you may sue for your security deposit. Visit How do I get my security deposit back? for more information.

What steps do I need to take before filing in court?

  1. Be careful! Be sure that:
    1. You did not cause the damage related to your claim.
    2. You do not owe the person or business more money than the amount in your claim.
  2. Collect evidence. This includes documents, photos, receipts and witnesses that show that the person or business owes your money.
  3. Send a demand letter.  It is best to send one copy certified mail, one copy regular mail and keep one copy for yourself.

What should I include in a demand letter?

Fill out this Small Claims Demand Letter Template to make sure that you don’t forget to include any important information. Or follow these steps to write your own demand letter:

How do I file a Small Claims Complaint?

If the person or business does not comply with your demand, here is the process to file in court:

  1. Go to Municipal Court at 1339 Chestnut Street, 10th floor.
  2. Ask to file a Small Claims Complaint. State how much money you are claiming. Include exhibits such as the lease, your evidence and your demand letter.
  3. Ask to file a Petition to Proceed In Forma Pauperis (IFP). If the IFP is granted, you will not have to pay filing fees.


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