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.
Key Things to Know
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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.
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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.
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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.
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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.
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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.
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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.
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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
Security Deposit Demand Letter Requirements
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.
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Frequently Asked Questions
It is a written request a tenant sends to a former landlord demanding the return of a security deposit the landlord has withheld without a lawful basis. The letter states the amount owed, points to the state deadline the landlord has missed, disputes any improper deductions, and asks for payment by a set date. It creates a paper record that you asked for the deposit before taking the landlord to small claims court.
A demand letter is an informal written request that asks the landlord to pay before any case is filed, and it costs nothing to send. A small claims lawsuit is a formal case you file with the court, usually after the demand is ignored, that can end in a judgment ordering the landlord to pay. The demand letter often resolves the matter on its own, and if it does not, it becomes evidence that you tried to settle first.
Every state sets its own deadline, commonly between 14 and 60 days after the tenant moves out, by which the landlord must return the deposit or send a written itemized statement of any deductions. Some states measure the clock from the end of the lease, others from when the tenant gives up possession or provides a forwarding address. Check your state's page for the exact deadline and how it is counted.
In most states a landlord may deduct only for unpaid rent, for repair of damage beyond ordinary wear and tear caused by the tenant, and for cleaning needed to return the unit to the condition it was in at move-in. A landlord generally cannot deduct for ordinary wear and tear, such as faded paint or worn carpet from normal use. Many states also require the landlord to itemize each deduction in writing.
Many states allow a tenant to recover a statutory penalty when a landlord keeps a deposit in bad faith or misses the deadline, often two to three times the deposit, in addition to the deposit itself and sometimes attorney fees. The size of the penalty and whether it requires bad faith or is automatic vary by state. Your state's page shows the specific penalty and what triggers it.
It should identify you and the landlord, give the rental address and the dates of the tenancy, state the deposit amount and your forwarding address, and reference the state deadline the landlord has missed. It should dispute any improper deductions, state the exact amount you are owed, and demand payment by a specific date. Closing by noting the state penalty for wrongful retention signals that you know your rights.
Send it to the landlord's current address, or the address for notices in your lease, using a method that proves delivery, such as certified mail with a return receipt or another trackable service. Keep a copy of the letter and the delivery record. Proof that the landlord received your demand, and the date, matters if you later file in small claims court.
If the deadline in your letter passes with no response, the usual next step is to file in small claims court, where you can seek the deposit and, where the law allows, the statutory penalty. Small claims is designed for people without lawyers, and the dollar limit and the deadline to sue are set by your state. The demand letter you sent becomes evidence that you tried to resolve the matter first.