When to Use This Letter
Use this letter if your landlord has wrongfully withheld your security deposit. This includes:
- Failing to return your deposit at all
- Withholding the deposit past the state deadline (typically 30-60 days)
- Not providing an itemized list of deductions
- Deducting for normal wear and tear instead of actual damage
- Charging for repairs that were their responsibility
- Not giving you an opportunity to view the unit before deductions were made
This demand letter is your formal request for return of the deposit. It's the step before small claims court. Many landlords will comply once they receive a formal demand. If they don't, you have grounds for a lawsuit where you may win additional penalties.
Pro Tips
- Know the deadline. Most states require deposits to be returned within 30-60 days. If it's past that, you have a clear violation.
- Get the itemization. If they claim deductions, ask for an itemized list. Many states require this or the entire deposit must be returned.
- Challenge the deductions. Normal wear and tear is the landlord's responsibility. Faded paint, worn carpet, minor scuffs don't count as damage.
- Be specific about amounts. If they deducted $500 for cleaning but didn't provide receipts or explain why, that's often illegal.
- Send certified mail. This is important for your small claims case later. You need proof they received the demand.
Template Letter
[YOUR NAME]
[YOUR ADDRESS]
[CITY, STATE ZIP CODE]
[YOUR EMAIL]
[YOUR PHONE]
[DATE]
[LANDLORD/PROPERTY MANAGER NAME]
[PROPERTY NAME]
[LANDLORD'S ADDRESS]
[CITY, STATE ZIP CODE]
Re: Demand for Return of Security Deposit — [YOUR RENTAL ADDRESS]
Dear [LANDLORD/MANAGER NAME]:
I am writing to formally demand the immediate return of my security deposit in the amount of $[DEPOSIT AMOUNT]. I vacated the rental unit at [YOUR RENTAL ADDRESS] on [MOVE-OUT DATE].
According to [STATE] law, a landlord must return a security deposit within [30-60] days of the tenant's move-out date and must provide an itemized written statement of any deductions claimed. As of today, [DATE], I have not received my deposit or a proper accounting of any deductions.
[IF YOU RECEIVED A DEDUCTION STATEMENT, ADDRESS IT:
You provided a statement claiming deductions totaling $[AMOUNT] for: [LIST DEDUCTIONS]. These deductions are unjustified because: [EXPLAIN WHY - EXAMPLE: "Normal wear and tear is your responsibility as the landlord, not mine as the tenant. The property was left in clean condition."]
OR IF YOU RECEIVED NO STATEMENT:
You have not provided any itemized statement of deductions. Under [STATE] law, failure to provide an itemized accounting means the entire deposit must be returned.]
I demand that you return the full amount of $[DEPOSIT AMOUNT] within 10 days of receiving this letter. Payment should be made to:
[YOUR NAME]
[YOUR CURRENT ADDRESS]
[OR INSTRUCTIONS FOR PAYMENT]
This letter serves as formal notice of your violation of state law. If I do not receive the full deposit amount within 10 days, I will pursue legal action in small claims court to recover the deposit plus damages and court costs as allowed by law.
Please contact me at [YOUR PHONE] or [YOUR EMAIL] if you wish to discuss this matter.
Sincerely,
[YOUR SIGNATURE]
[YOUR PRINTED NAME]
What to Customize
- [YOUR NAME], [YOUR ADDRESS], etc.: Your contact information.
- [DATE]: Today's date.
- [LANDLORD/PROPERTY MANAGER NAME]: Who's receiving the letter.
- [PROPERTY NAME]: The property or management company name.
- [YOUR RENTAL ADDRESS]: The address of the unit you rented.
- [DEPOSIT AMOUNT]: The original amount of your security deposit.
- [MOVE-OUT DATE]: When you left the unit.
- [30-60] days: Check your state law. Most states are 30, 45, or 60 days.
- [STATE]: The state where the property is located.
- [ADDRESS IT] / [EXPLAIN WHY]: If deductions were claimed, explain why they're wrong. If no statement was provided, say so.
Tips for Sending
- Use certified mail with return receipt. This is essential. You need proof they received the demand. Keep the return receipt.
- Keep a copy. Keep a copy of the letter and any attachments.
- Send to the right address. Use the address where rent was paid or the address listed in your lease. If you have an attorney representing the landlord, send it there too.
- Give them time. 10 days is reasonable and shows you tried to resolve this before court.
- Document everything. Keep: the lease, move-out photos, the demand letter, return receipt, and any communication with the landlord.
- Small claims is your next step. If they don't respond, file in small claims court. Many people win these cases. You may recover the deposit plus penalties (in many states, 2-3 times the deposit amount) plus court costs.