Security Deposit Demand Letter

Purpose

This letter is used by tenants to formally demand the return of their security deposit when a landlord has failed to:
- Return the deposit within the statutory timeframe
- Provide a proper itemized statement of deductions
- Make only lawful deductions (excluding normal wear and tear)

When to Use This Template

• Your landlord has not returned your security deposit within the legal deadline
• You did not receive an itemized statement of deductions
• You dispute improper or excessive deductions
• You need to document your demand before filing a small claims lawsuit

STATE RETURN DEADLINES AND REQUIREMENTS

California

• Return Deadline: 21 days after tenant vacates
• Itemization Required: Yes, for all deductions
• Documentation Required: Receipts/invoices for deductions over $125
• Photo Requirement (2024+): Must provide photos: (1) before move-in, (2) item before repair, (3) item after repair
• Penalty: Up to 2x deposit for bad faith retention

New York

• Return Deadline: 14 days after tenant vacates
• Itemization Required: Yes
• Documentation Required: Yes
• Penalty: Forfeiture of right to retain deposit; potential damages

Texas

• Return Deadline: 30 days after move-out AND receipt of forwarding address
• Itemization Required: Yes
• Penalty: $100 + 3x wrongfully withheld amount + attorney's fees for bad faith

Virginia

• Return Deadline: 45 days after termination
• Itemization Required: Yes
• Penalty: Return of deposit + actual damages + attorney's fees for willful failure

Florida

• Return Deadline: 15 days (no deductions) or 30 days (with deductions and itemization)
• Itemization Required: Yes, by certified mail within 30 days
• Penalty: Forfeiture of right to make claims against deposit

Massachusetts

• Return Deadline: 30 days
• Itemization Required: Yes
• Penalty: 3x deposit amount for wrongful retention

Illinois

• Return Deadline: 30-45 days (varies by locality)
• Itemization Required: Yes, within 30 days
• Penalty: 2x deposit for bad faith retention

TEMPLATE

[YOUR NAME]
[YOUR CURRENT ADDRESS]
[CITY, STATE ZIP]
[YOUR EMAIL]
[YOUR PHONE]

[DATE]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

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

RE: DEMAND FOR RETURN OF SECURITY DEPOSIT
Former Rental Address: [ADDRESS OF RENTAL UNIT]
Unit Number: [IF APPLICABLE]
Tenancy Dates: [MOVE-IN DATE] to [MOVE-OUT DATE]
Security Deposit Amount: $[AMOUNT]

Dear [LANDLORD NAME]:

I am writing to demand the immediate return of my security deposit in the amount of $[AMOUNT], plus any applicable interest, from my tenancy at the above-referenced property.

TENANCY AND MOVE-OUT DETAILS

• Lease Start Date: [DATE]
• Move-Out Date: [DATE]
• Keys Returned: [DATE AND TO WHOM]
• Move-Out Inspection: ☐ Conducted on [DATE] / ☐ Not offered by landlord
• Forwarding Address Provided: [DATE AND METHOD]
• Security Deposit Paid: $[AMOUNT] on [DATE]

CURRENT STATUS

☐ Option A - No Response: As of the date of this letter, [NUMBER] days have passed since I vacated the premises, and I have received neither my security deposit nor any itemized statement of deductions. Under [STATE] law, you were required to return my deposit or provide an itemization within [NUMBER] days.

☐ Option B - Improper Deductions: I received your itemization dated [DATE] claiming deductions totaling $[AMOUNT]. I dispute these deductions for the following reasons:

☐ Option C - Missing Documentation: Your itemization failed to include required documentation. Under [STATE] law, landlords must provide [SPECIFY: receipts, invoices, before/after photos, hourly rates for work performed, etc.]. Without proper documentation, these deductions are not permitted.

CONDITION OF UNIT AT MOVE-OUT

I left the rental unit in the following condition:

☐ Clean and in good condition, normal wear and tear excepted
☐ All personal property removed
☐ All fixtures and appliances in working order
☐ No damage beyond normal wear and tear
☐ Documented condition with photographs/video on [DATE]
☐ Move-out inspection completed on [DATE] with [NAME]

I have retained photographs and/or video documentation of the unit's condition upon move-out.

NORMAL WEAR AND TEAR

[STATE] law prohibits landlords from deducting for normal wear and tear. The following items you have claimed are normal wear and tear, not damage:

• [ITEM]: [EXPLAIN WHY THIS IS NORMAL WEAR AND TEAR]
• [ITEM]: [EXPLAIN WHY THIS IS NORMAL WEAR AND TEAR]

DEMAND

Pursuant to [STATE] law, specifically [CITE APPLICABLE STATUTE], I hereby demand that you:

1. Return my full security deposit of $[AMOUNT], OR

2. Return the undisputed portion of $[AMOUNT] immediately, AND
   Provide proper documentation supporting any disputed deductions

STATUTORY PENALTIES

Please be advised that [STATE] law provides the following penalties for improper retention of security deposits:

☐ California (Civil Code § 1950.5): Bad faith retention may result in liability for up to twice the security deposit amount.

☐ Texas (Property Code § 92.109): Bad faith retention results in liability for $100 + 3x the portion wrongfully withheld + reasonable attorney's fees.

☐ Massachusetts (G.L. c. 186, § 15B): Wrongful retention results in treble damages (3x the deposit).

☐ New York (GOL § 7-108): Willful failure to comply forfeits the right to retain any portion of the deposit.

☐ [OTHER STATE]: [CITE STATUTE AND PENALTY]

DEADLINE FOR RESPONSE

Please return my security deposit, or a proper itemization with supporting documentation, within [10/14/15] DAYS of the date of this letter. If I do not receive a satisfactory response by [SPECIFIC DATE], I will pursue all available legal remedies, which may include:

• Filing a complaint in small claims court
• Seeking statutory penalties as provided by law
• Recovering reasonable attorney's fees and court costs
• Reporting to appropriate regulatory agencies

CONTACT INFORMATION

Please send my refund to the address listed above. You may contact me at [PHONE] or [EMAIL] to discuss this matter.

I reserve all rights under applicable law.

Sincerely,

_______________________________
[YOUR NAME]

Enclosures:
☐ Copy of original lease agreement
☐ Move-out photographs (dated)
☐ Move-in condition report/photographs
☐ Copy of landlord's itemization (if received)
☐ Proof of forwarding address notification
☐ Correspondence regarding security deposit

CHECKLIST BEFORE SENDING

Gather Documentation

☐ Original lease agreement with deposit amount
☐ Receipt/proof of deposit payment
☐ Move-in inspection report or photos
☐ Move-out inspection report or photos
☐ All correspondence with landlord about deposit
☐ Proof you provided forwarding address

Verify Information

☐ Confirmed state-specific deadline for deposit return
☐ Verified applicable penalties in your state
☐ Calculated number of days since move-out
☐ Documented disputed deductions with specifics

Prepare Letter

☐ Filled in all required information
☐ Attached relevant documentation
☐ Made copies for your records
☐ Set deadline for landlord response

Send Letter

☐ Sending via certified mail, return receipt requested
☐ Also sending via email for immediate notice
☐ Recording tracking number
☐ Calendaring response deadline

WHAT HAPPENS NEXT

If Landlord Returns Deposit

• Cash check promptly
• Review any itemization for accuracy
• Retain records for at least 3 years

If Landlord Sends Partial Refund

• You may cash the check without waiving rights to disputed amount
• Write "cashed under protest" on endorsement
• Send follow-up letter disputing remaining deductions
• Consider small claims court for balance

If No Response

1. Send Second Demand: Reference first letter and shorten deadline
2. Research Small Claims: Check filing fees and procedures in your jurisdiction
3. Gather Evidence: Organize all documentation for court
4. File Claim: Most security deposit disputes can be heard in small claims court
5. Serve Landlord: Follow proper service requirements

SMALL CLAIMS COURT INFORMATION

Filing fees and limits change; verify current amounts with your local court.

WHAT YOU CAN TYPICALLY RECOVER

• Full security deposit amount wrongfully withheld
• Statutory penalties (varies by state: 1x to 3x deposit)
• Interest on deposit (where required by law)
• Court filing fees
• Attorney's fees (in some states)

DISCLAIMER

This template is provided for informational purposes only and does not constitute legal advice. Security deposit laws vary significantly by state and locality. Consult with a qualified attorney or local tenant rights organization for advice specific to your situation.