Sue Landlord for Security Deposit in Kentucky Small Claims Court

When You Have a Case

KRS 383.500 authorizes local governments to adopt the Uniform Residential Landlord and Tenant Act (URLTA). Where URLTA applies, KRS 383.580 sets specific rules for security deposits. Confirm that URLTA applies where you rent before relying on these rules. A money claim of $2,500 or less may be filed in the Small Claims Division of District Court.

Common situations that lead to deposit disputes:

• The landlord did not provide the required initial or final damage listing
• You dispute deductions for ordinary wear, pre-existing damage, or repairs not supported by the move-in and move-out records
• The landlord charged for damage that you say was already present when you moved in
• When a refund was due and you owed no rent, the landlord did not notify you of the refund amount at your last known or reasonably determinable address. If the landlord sends this notice and receives no response within 60 days, KRS 383.580(7) allows the landlord to remove and retain the deposit
• The landlord did not keep the deposit in a separate account used only for security deposits

Optional Written Demand

A pre-filing demand letter and 10-to-14-day response period are not required by KRS 383.580. If you choose to send a written demand, use certified mail with return receipt requested. State the amount you are owed, reference your lease and move-out date, note that you have not received the deposit or received an insufficient explanation for the deductions, and give a 10-to-14-day deadline to return the money.

Keep the green return receipt card. If the landlord ignores the demand, you will bring it to your hearing as evidence that you attempted resolution before filing.

Identify the Correct Defendant

If your lease was with an individual landlord, sue them by their full legal name. If the lease was with a property management company or LLC, search the Kentucky Secretary of State database at sos.ky.gov for the registered entity name and registered agent's address. Sue the entity, not just the property manager who handled your unit.

For a small claims case, KRS 24A.260(2) allows filing in the judicial district where the landlord or the landlord's agent resides or is doing business. KRS 24A.210 defines these terms for corporate landlords, and KRS 24A.260(3) preserves other bases for exercising jurisdiction authorized by statute or the Rules of Civil Procedure. The rental property's county is not automatically proper just because the property is there; confirm that another basis applies before filing there.

Build Your Evidence

Security deposit cases are won on documentation. Gather everything:

• Your lease agreement — shows the deposit amount, move-in date, and any terms about deductions
• Move-in inspection report or photos — proves pre-existing conditions the landlord is now blaming on you
• Move-out photos and video — taken on or near your move-out date showing the condition you left the unit in
• The landlord's deduction statement (if they provided one) — lets the judge evaluate whether the deductions are legitimate
• Communication records — emails, texts, or letters requesting the deposit or disputing the deductions
• Receipts for cleaning or repairs — if you cleaned or repaired the unit before leaving
• Your demand letter and delivery receipt

Organize all of this into three chronological sets — one for the judge, one for the landlord, and one for yourself.

Filing the Claim

Complete Form AOC-175, the Small Claims Complaint. In the statement of claim, describe the facts: the lease dates, the deposit amount paid, the move-out date, whether you received a deduction statement, and the amount the landlord owes. Keep it factual.

Statewide filing charges total $68. Certified-mail service costs $35 per defendant effective July 1, 2026, before optional local fees. If you cannot afford the costs, apply for a fee waiver using Form AOC-026.

How KRS 383.580 Handles Disputed Deductions

Where URLTA applies, the statute requires the landlord to place deposits in a separate account used only for that purpose and provide the account location and number. The landlord must provide initial and final damage listings. If the deposit was not kept in a separate account and the required initial and final listings were not provided, the landlord cannot retain any part of the deposit.

At the end of the tenancy, you may inspect the final damage listing. If you disagree with an item, identify it in writing, sign your dissent, and keep a copy. A claim under KRS 383.580 is limited to the items you specifically disputed; if you do not sign the listing or specifically dissent as required, the statute does not allow recovery under this section. Bring the listings, lease, deposit receipt, move-in and move-out records, and any communications to the hearing.

What You Can Recover

The judge can award a money judgment up to $2,500, plus court costs and potentially statutory interest, if supported by the evidence.

The Small Claims Division handles money claims up to $2,500, exclusive of interest and court costs, under KRS 24A.230. Ask a Kentucky attorney or legal aid organization whether another remedy applies to your facts.

For step-by-step filing instructions, evidence worksheets, and a deadline tracker for your security deposit case, see our Kentucky Small Claims Filing Guide.

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