SECURITY DEPOSIT DEMAND LETTER
STATE OF MARYLAND
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 Maryland law. This letter constitutes formal demand for the immediate return of our Client's security deposit, plus all applicable damages, interest, and attorney's fees.
I. MARYLAND LEGAL FRAMEWORK
A. Governing Law
Security deposits in Maryland are governed by Md. Code, Real Property Section 8-203.
B. Security Deposit Limits
Under Md. Code, Real Property Section 8-203(b), a landlord may not demand or receive a security deposit in excess of two months' rent. If you collected a deposit exceeding this amount, you have violated Maryland law.
C. Return Deadline
Pursuant to Md. Code, Real Property Section 8-203(e), a landlord must return the security deposit within forty-five (45) days after:
1. Termination of the tenancy; AND
2. Delivery of possession by the tenant
The deposit must be returned with an itemized statement accounting for any amounts withheld.
D. Interest Requirements
Under Md. Code, Real Property Section 8-203(d), if the landlord holds the security deposit for six months or longer:
- The landlord must pay simple interest at a rate established by the state
- Interest accrues from the date the deposit is received
- Interest must be paid when the deposit is returned
E. Receipt and Account Requirements
Under Md. Code, Real Property Section 8-203(c), the landlord must:
- Provide a receipt for the security deposit
- Deposit funds in a federally insured financial institution in Maryland
- Hold the deposit in a separate escrow account
F. Permissible Deductions
Under Md. Code, Real Property Section 8-203(e), a landlord may retain from the security deposit only amounts necessary to:
- Pay unpaid rent
- Compensate for damages beyond normal wear and tear
- Pay actual costs of cleaning the unit
G. 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 repainting or cleaning 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 Maryland 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 Md. Code, Real Property Section 8-203(e).
[ ] 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 two months' rent in violation of Md. Code, Real Property Section 8-203(b).
[ ] Failure to Pay Interest: You failed to pay accrued interest on the deposit as required by Md. Code, Real Property Section 8-203(d).
[ ] Failure to Provide Receipt: You failed to provide a receipt for the security deposit.
[ ] Failure to Maintain Proper Account: You failed to maintain the deposit in a proper escrow account.
[ ] 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
Maryland 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 and Interest
| Item | Amount |
|---|---|
| Security Deposit | $[AMOUNT] |
| Pet Deposit | $[AMOUNT] |
| Other Deposits | $[AMOUNT] |
| Accrued Interest | $[AMOUNT] |
| Total Deposits and Interest Due | $[AMOUNT] |
B. Statutory Remedies
Under Md. Code, Real Property Section 8-203(g), if a landlord fails to comply with the security deposit requirements:
- The tenant may recover up to three times (3x) the amount wrongfully withheld
- The tenant may recover reasonable attorney's fees
C. Attorney's Fees and Costs
Under Md. Code, Real Property Section 8-203(g), 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] |
| Accrued Interest | $[AMOUNT] |
| Statutory Penalty (up to 3x 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 and Interest: Pay to our Client the full amount of the security deposit plus accrued interest: $[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 Maryland Small Claims Court (for claims up to $5,000) or District Court for return of the deposit, interest, up to three times the amount wrongfully withheld, attorney's fees, and costs.
-
Seek Treble Damages: Request the court award up to three times the amount wrongfully withheld pursuant to Md. Code, Real Property Section 8-203(g).
-
Seek Attorney's Fees: Request the court award reasonable attorney's fees pursuant to Md. Code, Real Property Section 8-203(g).
-
Report Violations: Report your conduct to:
- Maryland 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]
[MARYLAND 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]
MARYLAND SECURITY DEPOSIT QUICK REFERENCE
| Element | Maryland Requirement |
|---|---|
| Governing Statute | Md. Code, Real Property Section 8-203 |
| Deposit Limit | 2 months' rent |
| Return Deadline | 45 days |
| Itemization Required | Yes |
| Receipt Required | Yes |
| Interest Required | Yes (if held 6+ months) |
| Separate Account Required | Yes (escrow account) |
| Penalty for Violation | Up to 3x wrongfully withheld + attorney's fees |
| Attorney's Fees | Yes - Md. Code, Real Property Section 8-203(g) |
| Small Claims Limit | $5,000 |
MARYLAND-SPECIFIC PRACTICE NOTES
[ ] Interest Requirement: Maryland requires landlords to pay simple interest on deposits held 6+ months. Check the state-set interest rate for the applicable period.
[ ] Treble Damages: Maryland allows recovery of up to three times the amount wrongfully withheld, one of the strongest penalty provisions in the country.
[ ] Receipt Required: Landlords must provide a written receipt for security deposits.
[ ] Escrow Account: Deposits must be held in a separate escrow account in a federally insured Maryland financial institution.
[ ] 45-Day Deadline: The 45-day deadline is strictly enforced. Failure to comply may result in forfeiture of the right to claim deductions.
[ ] Montgomery County: Montgomery County has additional tenant protections and requirements. Check local ordinances.
[ ] Baltimore City: Baltimore City has additional local requirements. Verify compliance with local law.
[ ] Move-In/Move-Out Inspections: Maryland law provides tenants the right to request inspections.
This template is for informational purposes only and does not constitute legal advice. Security deposit laws may vary by locality. Consult a licensed Maryland attorney before use.