Short-term rental or Airbnb damage claim — suing in California small claims court
Exhaust the platform's resolution center first and keep the decision. Courts want to see that you used the process the contract provided, and the platform's findings become evidence either way.
General information about California procedure. We are not a law firm and cannot advise on your case.
Your deadline to file
4 years — Breach of the booking contract (Code Civ. Proc. § 337).
What this kind of case is worth
Short-term rental dispute claims in California small claims court typically run from $200 to $8,000. 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.
- The booking confirmation and the listing's house rules as they appeared
- Timestamped photographs before check-in and after check-out
- The full platform message thread
- The platform's resolution-center decision
- Repair or replacement invoices
- Cleaning service records
What they will argue back
Expect one of these. Knowing which is coming is most of the preparation.
- They claim the damage pre-existed
- They claim normal wear and tear
- They point to the platform's decision as final
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
The platform already ruled against me. Can I still sue?
Usually yes — a platform's internal decision is not a court judgment and does not bar a claim, unless you signed a binding arbitration clause that covers it. Check the terms you agreed to, because many platforms do require arbitration and that would send the dispute somewhere other than small claims.
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.