SECURITY DEPOSIT DEMAND LETTER
COMMONWEALTH OF KENTUCKY
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 Kentucky 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. KENTUCKY LEGAL FRAMEWORK
A. Governing Law
Security deposits in Kentucky are governed by the Kentucky Uniform Residential Landlord and Tenant Act, KRS Section 383.580.
B. Security Deposit Limits
Kentucky law does not impose a statutory limit on the amount of security deposit a landlord may collect. However, any deposit collected must be returned according to statutory requirements.
C. Return Deadline
Pursuant to KRS Section 383.580, a landlord must return the security deposit within:
- Thirty (30) days after termination of the tenancy if no deductions are claimed
- Sixty (60) days if the landlord intends to make deductions for damages
The deposit must be returned with an itemized statement accounting for any amounts withheld.
D. Written Notice Requirements
Under KRS Section 383.580(1), the landlord must:
- Provide a description of damages within 30 days if intending to claim deductions
- Provide an itemized list of repairs and costs within 60 days if claiming damages
E. Permissible Deductions
Under KRS Section 383.580, a landlord may retain from the security deposit only amounts necessary to:
- Pay accrued rent
- Compensate for damages beyond normal wear and tear
- Recover costs for tenant's breach of the lease
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 Kentucky 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 KRS Section 383.580.
[ ] Failure to Provide Damage Notice: You have failed to provide written notice of damages within 30 days as required by KRS Section 383.580(1).
[ ] Failure to Provide Itemization: You have failed to provide a written, itemized statement of deductions and costs within 60 days.
[ ] 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
Kentucky 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 KRS Section 383.580, if a landlord fails to comply with the security deposit requirements:
- The landlord forfeits the right to make any deductions
- The tenant may recover the entire security deposit
- The tenant may recover reasonable attorney's fees
C. Attorney's Fees and Costs
Under KRS Section 383.580, 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] |
| 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 Kentucky Small Claims Court (for claims up to $2,500) or District Court for return of the deposit, attorney's fees, and costs.
-
Seek Attorney's Fees: Request the court award reasonable attorney's fees pursuant to KRS Section 383.580.
-
Report Violations: Report your conduct to:
- Kentucky 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]
[KENTUCKY 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]
KENTUCKY SECURITY DEPOSIT QUICK REFERENCE
| Element | Kentucky Requirement |
|---|---|
| Governing Statute | KRS Section 383.580 |
| Deposit Limit | No statutory limit |
| Return Deadline | 30 days (no deductions); 60 days (with deductions) |
| Itemization Required | Yes |
| Receipts Required | No |
| Interest Required | No |
| Separate Account Required | No |
| Penalty for Violation | Full deposit + attorney's fees |
| Attorney's Fees | Yes - KRS Section 383.580 |
| Small Claims Limit | $2,500 |
KENTUCKY-SPECIFIC PRACTICE NOTES
[ ] Two-Step Notice Process: Kentucky requires landlords to provide (1) notice of damages within 30 days, then (2) itemized list of costs within 60 days.
[ ] Forfeiture Penalty: Failure to comply with notice requirements results in forfeiture of the right to claim any deductions.
[ ] URLTA Applicability: Kentucky has adopted the Uniform Residential Landlord and Tenant Act. Verify applicability based on the specific rental situation.
[ ] No Deposit Limit: Kentucky has no statutory cap on security deposits, but excessive deposits may be challenged as unconscionable.
[ ] Small Claims Court: Kentucky's small claims limit is $2,500, which is relatively low. Consider District Court for larger claims.
[ ] Last Known Address: If tenant fails to provide forwarding address, landlord may mail to last known address.
[ ] Louisville Metro: Louisville may have additional local ordinances. Check local requirements.
This template is for informational purposes only and does not constitute legal advice. Security deposit laws may vary by locality. Consult a licensed Kentucky attorney before use.