SECURITY DEPOSIT DEMAND LETTER
STATE OF KANSAS
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 Kansas law. This letter constitutes formal demand for the immediate return of our Client's security deposit, plus all applicable damages and attorney's fees.
I. KANSAS LEGAL FRAMEWORK
A. Governing Law
Security deposits in Kansas are governed by the Kansas Residential Landlord and Tenant Act, K.S.A. Section 58-2550.
B. Security Deposit Limits
Under K.S.A. Section 58-2550(a), a landlord may not demand or receive a security deposit in excess of:
- One month's rent for unfurnished dwelling units
- One and one-half months' rent for furnished dwelling units
- An additional one-half month's rent may be charged as a pet deposit
If you collected a deposit exceeding these amounts, you have violated Kansas law.
C. Return Deadline
Pursuant to K.S.A. Section 58-2550(b), a landlord must return the security deposit within:
- Thirty (30) days if any portion of the deposit is retained for damages
- Fourteen (14) days if no damages are claimed and the full deposit is returned
The deposit must be returned with an itemized statement accounting for any amounts withheld.
D. Itemization Requirements
Under K.S.A. Section 58-2550(b), the landlord must provide:
- A written statement itemizing any deductions
- The specific reasons for each deduction
- The itemization must be delivered with any returned portion of the deposit
E. Permissible Deductions
Under K.S.A. Section 58-2550(b), a landlord may retain from the security deposit only amounts necessary to:
- Pay accrued rent and late fees
- Compensate for damages beyond normal wear and tear
- Cover other charges specified in the rental agreement
F. Prohibited Deductions
The landlord may NOT deduct for:
- Normal wear and tear
- Conditions existing prior to tenant's occupancy
- Conditions resulting from landlord's failure to maintain premises
- Routine cleaning and repainting between tenancies
II. FACTUAL BACKGROUND
A. Tenancy Information
| Item | Details |
|---|---|
| Tenant Name(s) | [FULL NAME(S) OF ALL TENANTS] |
| Property Address | [COMPLETE ADDRESS] |
| Lease Commencement | [DATE] |
| Lease Expiration/Move-Out | [DATE] |
| Monthly Rent | $[AMOUNT] |
| Security Deposit Paid | $[AMOUNT] |
| Date Deposit Paid | [DATE] |
| Pet Deposit (if applicable) | $[AMOUNT] |
| Total Deposits Paid | $[TOTAL] |
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 Kansas law in the following ways:
[ ] Failure to Return Deposit: You have failed to return any portion of the security deposit within the statutory period required under K.S.A. Section 58-2550(b).
[ ] Failure to Provide Itemization: You have failed to provide a written, itemized statement of deductions within the statutory period.
[ ] Excessive Security Deposit: You collected a security deposit exceeding statutory limits in violation of K.S.A. Section 58-2550(a).
[ ] 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 EVIDENCE OF BAD FAITH]
IV. NORMAL WEAR AND TEAR
Kansas 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 REMEDIES
A. Return of Security Deposit
| Item | Amount |
|---|---|
| Security Deposit | $[AMOUNT] |
| Pet Deposit | $[AMOUNT] |
| Other Deposits | $[AMOUNT] |
| Total Deposits Due | $[AMOUNT] |
B. Statutory Remedies
Under K.S.A. Section 58-2550(c), if a landlord fails to comply with the security deposit requirements or wrongfully withholds the deposit:
- The tenant may recover one and one-half (1.5) times the amount wrongfully withheld
- The tenant may recover reasonable attorney's fees
C. Attorney's Fees and Costs
Under K.S.A. Section 58-2550(c), our Client is entitled to recover reasonable attorney's fees and costs incurred in pursuing this claim.
D. Total Demand
| Item | Amount |
|---|---|
| Security Deposit | $[AMOUNT] |
| Other Deposits | $[AMOUNT] |
| Statutory Penalty (1.5x wrongfully withheld) | $[AMOUNT] |
| Attorney's Fees to Date | $[AMOUNT] |
| TOTAL DEMAND | $[AMOUNT] |
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:
-
Return of Deposit: Pay to our Client the full amount of the security deposit: $[AMOUNT]
-
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:
-
File Suit: Commence legal action in Kansas Small Claims Court (for claims up to $4,000) or District Court for return of the deposit, statutory damages of 1.5x the amount wrongfully withheld, attorney's fees, and costs.
-
Seek Statutory Damages: Request the court award 1.5 times the amount wrongfully withheld pursuant to K.S.A. Section 58-2550(c).
-
Seek Attorney's Fees: Request the court award reasonable attorney's fees pursuant to K.S.A. Section 58-2550(c).
-
Report Violations: Report your conduct to:
- Kansas Attorney General - Consumer Protection Division
- Local Housing Authority
- Better Business Bureau -
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:
- Your position on the amount owed to our Client
- Any documentation supporting claimed deductions
- 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]
[KANSAS 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]
KANSAS SECURITY DEPOSIT QUICK REFERENCE
| Element | Kansas Requirement |
|---|---|
| Governing Statute | K.S.A. Section 58-2550 |
| Deposit Limit | 1 month (unfurnished); 1.5 months (furnished); +0.5 month pet |
| Return Deadline | 30 days (14 if no deductions) |
| Itemization Required | Yes |
| Receipts Required | No |
| Interest Required | No |
| Separate Account Required | No |
| Penalty for Violation | 1.5x wrongfully withheld + attorney's fees |
| Attorney's Fees | Yes - K.S.A. Section 58-2550(c) |
| Small Claims Limit | $4,000 |
KANSAS-SPECIFIC PRACTICE NOTES
[ ] Two Deadlines: Kansas has two return deadlines - 14 days if no deductions, 30 days if claiming damages. Track carefully.
[ ] 1.5x Penalty: Kansas provides for recovery of 1.5 times the amount wrongfully withheld, making documentation of improper deductions important.
[ ] Deposit Limits: Kansas has specific limits based on furnished/unfurnished status and pets. Verify the deposit collected did not exceed limits.
[ ] Written Itemization: The landlord must provide a written itemized statement. Oral explanations are insufficient.
[ ] Forwarding Address: Tenant should provide a forwarding address in writing to ensure proper delivery.
[ ] Small Claims Court: For claims up to $4,000, file in Kansas Small Claims Court. For larger amounts, file in District Court.
[ ] Local Ordinances: Some Kansas cities (like Kansas City, Lawrence) may have additional tenant protections. Check local ordinances.
This template is for informational purposes only and does not constitute legal advice. Security deposit laws may vary by locality. Consult a licensed Kansas attorney before use.