Security deposit demand letter template (landlord missed the deadline or made illegal deductions)

Copy the text, replace everything in [brackets], and send it. Go back to the template guide for how to fill it in and where to send it.

[Your full name]
[Current address]
[City, State ZIP]
[Email] | [Phone]

[Date]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AND EMAIL

[Landlord's / Management company's legal name]
[Address from the lease]
[City, State ZIP]

Re: Demand for return of security deposit – [Rental address, unit #] – Tenancy [start date] to [move-out date]

Dear [Landlord name]:

I was the tenant at [rental address] under a lease dated [date]. I paid a security deposit of $[amount] on [date]. I vacated the unit on [move-out date], returned all keys on [date], and provided my forwarding address in writing on [date].

[Choose the paragraph(s) that apply and delete the rest:]

[Option A – nothing returned, no itemization] Under [state statute, e.g., Cal. Civ. Code §1950.5 / Tex. Prop. Code §92.103 / N.Y. Gen. Oblig. Law §7-108 / Fla. Stat. §83.49 / 765 ILCS 710], you were required to return my deposit, or provide a written itemized statement of any lawful deductions, within [21 / 30 / 14 / 15 / 30] days of my move-out, i.e., by [date]. As of today, [X] days later, I have received neither the deposit nor any itemization.

[Option B – improper deductions] On [date] I received your statement deducting $[amount] for [painting / carpet cleaning / cleaning / "damages"]. These deductions are not lawful. [State law] prohibits deductions for normal wear and tear. The unit was left clean and in the same condition as at move-in, apart from ordinary wear, as documented in my dated move-in and move-out photographs and the move-in inspection checklist (copies enclosed). [Painting after a [X]-year tenancy is normal wear. / The carpet was [X] years old and its remaining useful life was minimal. / No receipts or estimates were provided as the statute requires.]

[Option C – partial return, late] On [date] you returned $[amount] of my $[deposit] deposit, [X] days after the statutory deadline and without [a complete itemization / supporting receipts].

Accordingly, you owe me $[amount claimed] (the full deposit [less $[amount] of deductions I do not dispute]).

Please note that under [state statute], a landlord who fails to return the deposit or provide a proper itemization within the statutory period, or who retains a deposit in bad faith, [forfeits the right to retain any portion of the deposit] [and] [is liable for [two / three] times the amount wrongfully withheld, plus attorney's fees and court costs].

DEMAND

I demand payment of $[amount] by check made payable to [your name], mailed to the address above, within 14 days of the date of this letter, i.e., by [date].

If I do not receive payment by that date, I will file a claim in the small claims division of the [County] court seeking the full deposit, the statutory penalty of [2x / 3x] the amount wrongfully withheld, interest, and court costs, without further notice.

This letter is sent in good faith to resolve this matter without litigation. I reserve all rights.

Sincerely,

[Signature]
[Printed name]

Enclosures: copy of lease; deposit receipt; move-in checklist; dated move-in and move-out photographs; key return receipt; forwarding address notice dated [date]; [your itemized statement dated …].

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