SECURITY DEPOSIT DEMAND LETTER

DISTRICT OF COLUMBIA

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 District of Columbia law. This letter constitutes formal demand for the immediate return of our Client's security deposit, plus all applicable interest, statutory penalties, damages, and attorney's fees.

I. DISTRICT OF COLUMBIA LEGAL FRAMEWORK

A. Governing Law

Security deposits in the District of Columbia are governed by:
- D.C. Code Section 42-3502.17 (Rental Housing Act)
- 14 DCMR Sections 308-311 (Housing Regulations)

B. Security Deposit Limits

Under 14 DCMR Section 308.2, a landlord may not demand or receive a security deposit in excess of one month's rent.

C. Return Deadline

Pursuant to 14 DCMR Section 309.1, a landlord must return the security deposit within forty-five (45) days after:
1. The termination of the tenancy; AND
2. The tenant vacates the premises

The landlord must return the deposit with:
- Any accrued interest
- A written itemized statement of any deductions

D. Interest Requirement

District of Columbia law requires landlords to pay interest on security deposits.

Under 14 DCMR Section 311:
- Interest must be paid at a rate set annually by the Mayor
- Interest accrues from the date the deposit is received
- Interest must be paid at the end of each year of the tenancy or upon termination

Current Interest Rate: [VERIFY CURRENT RATE - typically published annually]

E. Separate Account Requirement

Under 14 DCMR Section 308.4, security deposits must be held in:
- An interest-bearing escrow account in a federally insured financial institution
- A separate account used only for security deposits

The landlord must provide the tenant with:
- The name of the institution
- The account number
- The amount of the deposit

F. Permissible Deductions

Under 14 DCMR Section 309, a landlord may retain from the security deposit amounts for:
- Unpaid rent
- Physical damage to the premises beyond normal wear and tear caused by the tenant
- Other amounts permitted by law or the lease

G. Receipt Requirements

Under 14 DCMR Section 308.3, the landlord must provide a written receipt at the time the security deposit is collected, including:
- The amount of the deposit
- The name of the institution where the deposit will be held
- The terms under which the deposit may be withheld

II. FACTUAL BACKGROUND

A. Tenancy Information

B. Move-Out Circumstances

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

Move-Out Details:
- Date Keys Returned: [DATE]
- 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].

[ ] 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.

[ ] 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 VIOLATIONS

You have violated District of Columbia law in the following ways:

[ ] Failure to Return Deposit: You have failed to return any portion of the security deposit within the statutory 45-day period required under 14 DCMR Section 309.1.

[ ] Failure to Provide Itemization: You have failed to provide a written, itemized statement of deductions within the statutory period.

[ ] Failure to Pay Interest: You have failed to pay interest on the security deposit as required by 14 DCMR Section 311.

[ ] Excessive Security Deposit: You collected a security deposit exceeding one month's rent in violation of 14 DCMR Section 308.2.

[ ] Failure to Maintain Escrow Account: You failed to maintain the deposit in an interest-bearing escrow account as required by 14 DCMR Section 308.4.

[ ] Failure to Provide Receipt: You failed to provide a proper receipt for the security deposit at the time of collection.

[ ] Improper Deductions: You have made deductions that are not permitted by law, including:
- [ ] Deductions for normal wear and tear
- [ ] Deductions for pre-existing conditions
- [ ] Deductions exceeding actual cost of repairs
- [ ] Other improper deductions: [SPECIFY]

[ ] Bad Faith Retention: You have retained the deposit in bad faith, as evidenced by: [DESCRIBE]

IV. NORMAL WEAR AND TEAR

District of Columbia 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

A. Return of Security Deposit

B. Interest Due

Under 14 DCMR Section 311, landlords must pay interest on security deposits:

Interest Calculation:
- Principal: $[DEPOSIT AMOUNT]
- Duration of Tenancy: [MONTHS/YEARS]
- Applicable Interest Rate: [RATE]% per annum
- Interest Due: $[AMOUNT]

C. Statutory Penalties - Treble Damages

Under D.C. Code Section 42-3502.17 and 14 DCMR Section 309, if a landlord willfully or in bad faith fails to comply with the security deposit requirements, the tenant may recover:

• Treble (3x) the amount wrongfully withheld
• Plus reasonable attorney's fees

Penalty Calculation:
- Amount Wrongfully Withheld: $[AMOUNT]
- Treble Damages (3x): $[AMOUNT]
- Total Penalty: $[AMOUNT]

D. Attorney's Fees and Costs

The prevailing tenant in an action for violation of the security deposit laws is entitled to recover 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
[ ] Security deposit receipt from landlord
[ ] Move-in inspection report/checklist
[ ] Move-out inspection report/checklist
[ ] 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)
[ ] Documentation of interest payments (or lack thereof)
[ ] 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. Accrued Interest: Pay to our Client all accrued interest: $[AMOUNT]

3. Statutory Penalties: Pay to our Client the statutory penalty for bad faith retention: $[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 the Superior Court of the District of Columbia, Small Claims Branch (for claims up to $10,000) or Civil Division for return of the deposit, treble damages, interest, attorney's fees, and costs.

2. Seek Maximum Penalties: Request the court impose treble damages for bad faith or willful violations.

3. Seek Attorney's Fees: Request the court award reasonable attorney's fees.

4. File Complaints: Report your conduct to:
   - D.C. Office of the Tenant Advocate
   - D.C. Department of Consumer and Regulatory Affairs
   - D.C. Rental Accommodations Division
   - D.C. Attorney General - Consumer Protection

5. 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]
[D.C. 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]

DISTRICT OF COLUMBIA SECURITY DEPOSIT QUICK REFERENCE

D.C.-SPECIFIC PRACTICE NOTES

[ ] Office of the Tenant Advocate: D.C. has an Office of the Tenant Advocate (OTA) that provides free assistance to tenants. Consider filing a complaint with OTA.

[ ] Interest Requirement: D.C. requires interest on security deposits. The rate is set annually by the Mayor. Research the current rate.

[ ] Rent Control: Many D.C. properties are subject to rent control under the Rental Housing Act. Rent-controlled properties have additional tenant protections.

[ ] Treble Damages for Bad Faith: D.C. provides treble damages for willful or bad faith violations - one of the strongest penalties in the country.

[ ] 45-Day Deadline: D.C.'s 45-day return deadline is longer than many jurisdictions. Track the deadline carefully.

[ ] Escrow Account Required: The deposit must be held in an interest-bearing escrow account in a federally insured institution.

[ ] Receipt Required: The landlord must provide a receipt when collecting the deposit. Failure to do so is a violation.

[ ] Superior Court: File in D.C. Superior Court, Small Claims Branch for claims up to $10,000. Larger claims go to the Civil Division.

[ ] Housing Conditions Defense: Under D.C. law, tenants may have defenses based on housing code violations that affect habitability.

This template is for informational purposes only and does not constitute legal advice. D.C. security deposit laws are tenant-friendly but complex. Consult a licensed D.C. attorney before use.