Yes, you can sue for unpaid rent in small claims court. In January 2012, the limit for small claims actions was raised from $7,500 to $10,000 for most claims, and you can only file two claims over $2,500 per calendar year. Filing fees should be about $75. You can expect a hearing to be scheduled in about 30-60 days. Although a written agreement as to how the rent was to be divided would be helpful, it is not necessary. You can prove the arrangement through witness testimony or other documents like canceled checks. Evidentiary rules in small claims court are less stringent than in superior court. It will often come down to credibility of the parties and witnesses. You also need to think about how you will collect the judgment if you win. Good luck.
Answered on Jul 18th, 2012 at 1:43 AM