SECURITY DEPOSIT DEMAND LETTER

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL

[DATE]

[LANDLORD/PROPERTY MANAGER NAME]
[LANDLORD/PROPERTY MANAGER ADDRESS]
[CITY, STATE ZIP]

Re: DEMAND FOR RETURN OF SECURITY DEPOSIT
Former Tenant: [TENANT FULL NAME]
Rental Property Address: [RENTAL ADDRESS]
Lease Start Date: [DATE]
Move-Out Date: [DATE]
Security Deposit Amount: $[AMOUNT]

Dear [LANDLORD/PROPERTY MANAGER NAME]:

This law firm represents [TENANT FULL NAME] ("Tenant" or "Client") regarding your failure to return the security deposit for the above-referenced rental property in accordance with [STATE] law. This letter constitutes formal demand for the immediate return of our Client's security deposit, plus all applicable statutory penalties, interest, and damages.

I. INTRODUCTION

Our Client was a tenant at the above-referenced property from [LEASE START DATE] to [MOVE-OUT DATE]. Upon taking possession, our Client paid a security deposit in the amount of $[AMOUNT] as required by the lease agreement. Our Client vacated the premises on [MOVE-OUT DATE], provided proper notice as required, returned all keys, and left the property in good condition, ordinary wear and tear excepted.

Under [STATE] law, you were required to return our Client's security deposit or provide an itemized statement of deductions within [STATE STATUTORY PERIOD] days of the termination of tenancy. As of the date of this letter, [NUMBER] days have elapsed since our Client vacated, and you have failed to comply with your statutory obligations.

II. FACTUAL BACKGROUND

A. Tenancy Information

B. Move-Out Circumstances

Notice Provided:
- Date Notice Given: [DATE]
- Type of Notice: ☐ Written ☐ Verbal
- Notice Period: [NUMBER] days
- Method of Delivery: ☐ Hand-delivered ☐ Certified mail ☐ Email ☐ Other

Move-Out Details:
- Date Keys Returned: [DATE]
- Keys Returned To: [NAME/LOCATION]
- Forwarding Address Provided: ☐ Yes ☐ No
- Date Forwarding Address Provided: [DATE]
- Move-Out Inspection: ☐ Requested ☐ Conducted ☐ Refused by Landlord ☐ Not offered

C. Condition of Premises at Move-Out

Our Client left the premises in the following condition:

☐ Clean and in good repair - The premises were left in substantially the same condition as when our Client took possession, reasonable wear and tear excepted.

☐ Professionally cleaned - Our Client hired [CLEANING COMPANY NAME] to professionally clean the premises on [DATE]. (Receipt attached)

☐ All personal property removed - All of our Client's personal belongings were removed from the premises.

☐ No damage beyond normal wear and tear - Any changes to the premises were the result of normal, expected use during the tenancy.

☐ Repairs made - Our Client made the following repairs before vacating: [DESCRIBE]

☐ Move-in/Move-out photos - Our Client has photographic documentation of the condition of the premises at both move-in and move-out.

III. LANDLORD'S FAILURE TO COMPLY WITH LAW

A. Applicable Law

Under [STATE] [CITE SPECIFIC STATUTE], landlords must:

1. Return Deadline: Return the security deposit or provide an itemized statement of deductions within [NUMBER] days after the tenant vacates and returns possession.

2. Itemized Statement: If any portion of the deposit is retained, the landlord must provide a written, itemized statement specifying:
   - Each item of damage or cleaning
   - The cost of repair or cleaning for each item
   - Receipts or invoices for work performed (in some states)

3. Permissible Deductions: Security deposits may only be used for:
   - Unpaid rent
   - Damage beyond normal wear and tear
   - Cleaning costs to restore premises to move-in condition
   - Other amounts specifically permitted by law or lease

4. Prohibited Deductions: Landlords may NOT deduct for:
   - Normal wear and tear
   - Pre-existing conditions
   - Conditions caused by landlord's failure to maintain
   - Items not itemized within the statutory period

B. Your Violations

You have violated [STATE] law in the following ways:

☐ Failure to Return Deposit: You have failed to return any portion of the security deposit within the statutory [NUMBER]-day period.

☐ Failure to Provide Itemization: You have failed to provide any itemized statement of deductions within the statutory period.

☐ Improper Deductions: You have made deductions that are not permitted by law, including:
- ☐ Deductions for normal wear and tear
- ☐ Deductions for pre-existing conditions documented at move-in
- ☐ Deductions exceeding actual cost of repairs
- ☐ Deductions for items not specified in itemized statement
- ☐ Deductions for cleaning when premises were left clean
- ☐ Other improper deductions: [SPECIFY]

☐ Improper Itemization: The itemization provided was deficient because:
- ☐ Not provided in writing
- ☐ Not itemized with specificity
- ☐ No receipts or documentation provided
- ☐ Excessive or inflated charges
- ☐ Other deficiencies: [SPECIFY]

☐ Bad Faith Retention: You have retained the deposit in bad faith, as evidenced by: [DESCRIBE EVIDENCE OF BAD FAITH]

IV. NORMAL WEAR AND TEAR

[STATE] law, consistent with the common law, distinguishes between "damage" for which a tenant may be charged, and "normal wear and tear" for which a tenant may not be charged. Normal wear and tear includes deterioration that results from the intended use of the premises and ordinary operation of natural forces over time.

The following items, if deducted, constitute normal wear and tear and are NOT permissible deductions:

☐ Minor scuff marks on walls from furniture
☐ Small nail holes from hanging pictures
☐ Worn carpet in traffic areas
☐ Faded paint or wallpaper
☐ Minor scratches on hardwood floors
☐ Worn finish on bathroom fixtures
☐ Slightly dirty mini-blinds
☐ Dust or minor dirt requiring standard turnover cleaning
☐ Worn door handles or locks
☐ Other: [SPECIFY]

V. DAMAGES AND PENALTIES

Under [STATE] law, our Client is entitled to the following:

A. Return of Security Deposit

B. Statutory Penalties

[STATE] law provides the following penalties for landlord noncompliance:

☐ Double Damages: Under [CITE STATUTE], landlords who wrongfully withhold security deposits are liable for two times the amount wrongfully withheld. Penalty: $[AMOUNT]

☐ Treble Damages: Under [CITE STATUTE], landlords who act in bad faith are liable for three times the amount wrongfully withheld. Penalty: $[AMOUNT]

☐ Forfeiture of Right to Retain: Under [CITE STATUTE], failure to provide itemization within the statutory period results in forfeiture of the right to retain any portion of the deposit.

☐ Statutory Penalty Amount: Under [CITE STATUTE], landlords are subject to a penalty of $[AMOUNT] or [X times deposit] for violation.

C. Interest

☐ Under [STATE] law, landlords must pay interest on security deposits at the rate of [RATE]% per annum.

Interest calculation:
- Principal: $[DEPOSIT AMOUNT]
- Period: [MONTHS] months
- Rate: [RATE]%
- Interest Due: $[AMOUNT]

D. Attorney's Fees and Costs

Under [CITE STATUTE OR LEASE PROVISION], the prevailing party in an action for return of security deposit is entitled to reasonable attorney's fees and costs.

E. Total Demand

VI. EVIDENCE IN OUR POSSESSION

Our Client has preserved the following evidence to support this claim:

☐ Original lease agreement
☐ Receipt or cancelled check for security deposit payment
☐ Move-in inspection report/checklist
☐ Move-out inspection report/checklist (if conducted)
☐ Photographs of premises at move-in (dated)
☐ Photographs of premises at move-out (dated)
☐ Video walkthrough at move-out
☐ Copy of written notice to vacate
☐ Proof of delivery of notice and forwarding address
☐ Receipts for professional cleaning
☐ Correspondence with landlord regarding deposit
☐ Landlord's itemized statement (if provided)
☐ Witness statements regarding condition of premises
☐ Utility final bills showing service through move-out date
☐ Other: [SPECIFY]

VII. DEMAND

We hereby demand that you take the following actions within fourteen (14) days of the date of this letter:

1. Return of Deposit: Pay to our Client the full amount of the security deposit: $[AMOUNT]

2. Statutory Penalties: Pay to our Client the statutory penalty for wrongful withholding: $[AMOUNT]

3. Interest: Pay to our Client accrued interest on the deposit: $[AMOUNT]

4. Total Payment: The total amount due is $[TOTAL AMOUNT]

Payment should be made by certified check or money order, payable to [TENANT NAME], and sent to:

[LAW FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]

Reference: [TENANT NAME] Security Deposit

VIII. CONSEQUENCES OF NON-COMPLIANCE

If you fail to comply with this demand within the time specified, we are authorized and prepared to:

1. File Suit: Commence legal action in [SMALL CLAIMS COURT / [STATE] COURT] for return of the deposit, statutory penalties, interest, attorney's fees, and costs.

2. Seek Maximum Penalties: Request the court impose the maximum statutory penalties available, including [double/treble] damages.

3. Report Violations: Report your conduct to:
   - [STATE] Attorney General - Consumer Protection Division
   - [LOCAL] Housing Authority
   - [LOCAL] Tenant Rights Organizations
   - Better Business Bureau

4. Judgment Enforcement: Upon obtaining judgment, pursue all legal means of collection, including garnishment, levy, and lien on property.

IX. RESPONSE REQUESTED

Please respond to this demand in writing within fourteen (14) days. Your response should include:

1. Your position on the amount owed to our Client
2. Any documentation supporting claimed deductions
3. Payment or a good-faith settlement offer

If we do not receive a satisfactory response, we will file suit without further notice.

X. RESERVATION OF RIGHTS

This letter is written without prejudice to any and all rights and remedies available to our Client under applicable law, all of which are expressly reserved. Our Client does not waive any claims, defenses, or rights by sending this letter or by any subsequent negotiations.

Respectfully submitted,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
[BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]

Attorneys for [TENANT FULL NAME]

ENCLOSURES:
☐ Copy of lease agreement
☐ Copy of security deposit receipt
☐ Move-in/move-out photographs
☐ Copy of notice to vacate
☐ Copy of forwarding address notification
☐ Copy of landlord's itemization (if any)
☐ Cleaning receipts
☐ Authorization to represent

cc: [TENANT NAME]
[PROPERTY MANAGEMENT COMPANY, if applicable]
[PROPERTY OWNER, if different from addressee]
[CLIENT FILE]

APPENDIX: STATE SECURITY DEPOSIT QUICK REFERENCE

This template is for informational purposes only and does not constitute legal advice. Security deposit laws vary significantly by state and sometimes by locality. Consult a licensed attorney in your jurisdiction before use.