Small Claims Court

Tenants can use Small Claims Court to recover out-of-pocket costs related to housing, such as:

  • A withheld security deposit
  • Damaged or lost belongings
  • Unreimbursed expenses (e.g., repairs, overpayments)
  • Filing Fee: $15–$20
  • Maximum Claim: $5,000
  • Court Date: Usually scheduled within 30 days of filing
  • Filing Location: File where the landlord resides or works, not where the rental property is located (unless it’s the same).

⚠️ Important Note: Small Claims Court does not cover pain, suffering, emotional distress, or punitive damages.

How to Find Your Landlord’s Address

You cannot sue a landlord at a P.O. Box or via a property manager. The court requires a physical address for the owner.

If you don’t know where your landlord lives or works, try the following:

  1. AlbanyLandlord.com
    Look up your building to find the owner’s name and registered address.
  2. Tax Assessor’s Office
    Call the local tax assessor to get the primary residence address on file for your landlord.
  3. Code Enforcement Department
    They may have a physical address for the landlord on file, especially if there have been complaints or violations.
  4. City of Albany Residents
    Visit the Citizen Self Service Portal to find property ownership information.

What to Bring When Filing

  • Full name and address of the person or entity you’re suing
  • A description of the claim and the amount you’re seeking
  • Proof of costs (estimates, receipts, photos, etc.)
  • Any written communication (emails/texts) with the landlord
  • Code reports, if repairs or violations are involved

What to Expect in Court

  • Before the hearing, the judge will usually ask both parties to try settling the case in the hallway.
  • If no agreement is reached, the judge will set a date for trial (sometimes the same day, often a different date).
  • At trial, both parties present testimony and evidence.
  • The judge will decide whether to award the tenant money and in what amount.
  • If the tenant wins, the filing fee may also be refunded.

Tips for a Strong Case

  • Bring three reasonable estimates for each item you are claiming (optional, but strengthens your case).
  • Stay organized and clear in your explanation of events.
  • Always appear in court on time and with all documentation in hand.