Security Deposit Demand Letter
A security deposit demand letter is a tenant's written request for the return of a security deposit a landlord has wrongfully withheld, citing the state deadline and any penalty.
Introduction
A security deposit demand letter is a written request a tenant sends to a former landlord asking for the return of a security deposit that the landlord has kept without a lawful basis. A security deposit is the money a tenant pays at the start of a tenancy that the landlord holds and must return, minus any lawful deductions, after the tenant moves out. The letter states how much is owed, points to the deadline the landlord has already missed, and asks for the money back by a specific date before the tenant goes to small claims court. Nearly every state sets a deadline, commonly somewhere between 14 and 60 days after move-out, by which the landlord must return the deposit or send a written itemized statement of any deductions. A landlord may usually deduct only for unpaid rent, for damage beyond ordinary wear and tear, and for cleaning needed to return the unit to its move-in condition, never for ordinary wear and tear. When a landlord keeps the deposit in bad faith, many states let the tenant recover a statutory penalty, often two to three times the deposit, on top of the amount owed. Because the exact deadline, the penalty, and what counts as a lawful deduction are set by each state's own statute, the specifics differ from state to state. Select your state to see its deadline, its penalty, and a letter built on its rules. DocDraft builds your security deposit demand letter from your facts, with attorney review available before you send it.
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Key Things to Know
- 1
A security deposit demand letter is a tenant's written demand for the return of a security deposit the landlord has withheld without a lawful basis, sent before filing in small claims court.
- 2
The deposit is the tenant's money held by the landlord. After the tenant moves out the landlord must return it, minus any lawful deductions, within the deadline the state sets.
- 3
Most states require the landlord to return the deposit or send a written itemized statement of deductions within a set number of days after move-out. That deadline differs by state, commonly 14 to 60 days.
- 4
A landlord may generally deduct only for unpaid rent, damage beyond ordinary wear and tear, and cleaning to restore the move-in condition. Deductions for ordinary wear and tear are not allowed.
- 5
When a landlord keeps a deposit in bad faith, many states let the tenant recover a statutory penalty, often two to three times the deposit, in addition to the deposit itself. The penalty and what triggers it vary by state.
- 6
Send the letter to the landlord's current address with proof of delivery, such as certified mail with return receipt, and keep a copy. Proof that the landlord received the demand matters if you later sue.
- 7
If the landlord ignores the letter, the usual next step is small claims court, where the dollar limit and the deadline to sue are set by your state. The demand letter documents that you asked first.
Key Decisions
Your Tenancy
Most states start the return-deadline clock when you give up possession, and some require a forwarding address before the landlord must mail the deposit. Confirming both sets up the demand.
Yes, I moved out and gave a forwarding address
The standard situation. The return deadline is running or has passed, and the landlord has where to send the money.
Most Common OptionI moved out but did not give a forwarding address
Provide one in the letter. Some states only require the landlord to mail the deposit once you supply an address.
I have not fully moved out yet
The deadline usually does not start until you surrender possession. Wait until move-out is complete before demanding.
The Deposit Dispute
The reason drives your letter. Deductions for ordinary wear and tear, or with no written itemization, are usually improper, and pointing that out strengthens the demand.
No response and no deposit returned at all
The landlord blew past the deadline in silence. This is the clearest case for a demand plus the statutory penalty where available.
Most Common OptionKept part of it for deductions I dispute
You got some back with deductions you think are wrong, such as normal wear and tear or unsupported charges.
Sent charges but no itemized statement
Many states require a written itemized statement; missing it can make the deductions improper.
State the exact amount you are demanding. This is the figure the landlord must pay, and the base the statutory penalty is often calculated on.
The entire deposit
You received nothing back and dispute all deductions. Demand the full deposit amount.
Most Common OptionThe disputed portion only
You got part of it back. Demand the remaining amount you believe was wrongly kept.
I am not sure of the exact figure
Start from the deposit you paid, subtract any lawful deductions, and demand the rest.
Sending the Demand
Sending with proof of delivery and giving a firm deadline makes the demand credible and creates the record you need if you later file in small claims court.
Certified mail with return receipt
The standard method. It proves the landlord received the demand and when, which matters in court.
Most Common OptionCertified mail and email
Certified mail proves delivery and email gives a fast, timestamped copy.
I am not sure yet
Use a trackable method. Avoid plain first-class mail, which leaves no proof of delivery.
Security Deposit Demand Letter Requirements
Your Information and the Landlord's Address
Your name and current address, and the landlord or property manager's name and address for notices. Send the letter where the landlord will actually receive it.