Security Deposit Demand Letter — Rhode Island

SECURITY DEPOSIT DEMAND LETTER

Pursuant to the Rhode Island Residential Landlord and Tenant Act

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL

Date: [__/__/____]

To:
[________________________________] (Landlord/Property Manager Name)
[________________________________] (Street Address)
[________________________________] (City, State ZIP)

Re: FORMAL DEMAND — RETURN OF SECURITY DEPOSIT
Tenant: [________________________________]
Former Rental Address: [________________________________]
Move-Out Date: [__/__/____]
Deposit Paid: $[________________________________]

Dear [________________________________]:

This office represents [________________________________] ("Tenant") regarding the security deposit paid in connection with the above-referenced residential tenancy. The dates and amounts below show the balance our Client contends you owe. This letter demands payment of that balance and any applicable damages and attorney fees under R.I. Gen. Laws § 34-18-19(c).

I. THE RHODE ISLAND RESIDENTIAL LANDLORD AND TENANT ACT — DEPOSIT REQUIREMENTS

A. Statutory Cap: One Month's Rent Maximum

R.I. Gen. Laws § 34-18-19(a) restricts the ordinary security deposit, however denominated, to one month's periodic rent. For a furnished apartment with furniture valued at $5,000 or more when the lease was executed, subsection (e) permits a separate furniture deposit of up to one month's periodic rent. The claim below identifies each payment separately.

B. The Ordinary 20-Day Return Deadline

Under R.I. Gen. Laws § 34-18-19(b), a landlord must deliver the written itemization and the security-deposit balance due within twenty (20) days after the latest of:

1. termination of the tenancy;
2. delivery of possession; or
3. the tenant's provision of a forwarding address for receiving the security deposit.

The trigger dates must be established from the facts before asserting that the statutory period expired. Check whether a special statutory termination route supplies an earlier deadline; a qualifying survivor early termination under § 34-18-63(e) has a separate twenty-day period measured from conclusion of the tenancy.

C. Written Itemization — R.I. Gen. Laws § 34-18-19(b)

If the landlord retains any amount identified in § 34-18-19(b), the landlord must itemize the retained amounts in a written notice delivered to the tenant together with the security-deposit balance due. Section 34-18-19(a) states the one-month cap; it does not create a separate written-receipt requirement.

D. Permissible Deductions — Strictly Limited

Under § 34-18-19(b), the landlord may deduct from the ordinary security deposit only for:

• Unpaid accrued rent
• Reasonable cleaning expenses
• Reasonable trash-disposal expenses
• Physical damage to the premises beyond ordinary wear and tear suffered because of the tenant's noncompliance with R.I. Gen. Laws § 34-18-24

Any claimed deduction should be supported by its itemization and the facts showing that it fits a category in § 34-18-19(b).

E. Prohibited Deductions Under Rhode Island Law

Section 34-18-19(b) does not authorize a deposit deduction for ordinary wear and tear or for a category outside the four categories stated above. Apply the statute to the documented facts rather than using a categorical checklist. Potentially improper items include:

• Ordinary wear and tear
• Pre-existing damage shown by move-in photographs, correspondence, or other evidence
• Painting or carpet-replacement costs attributable to ordinary wear and tear
• Costs of maintenance that is the landlord's responsibility under § 34-18-22
• Administrative, processing, utility, penalty, or other charges that do not fit a category stated in § 34-18-19(b)

II. TENANCY INFORMATION

Move-Out Details

Condition of Premises at Departure

☐ Premises left in substantially the same condition as move-in, ordinary wear and tear excepted

☐ Professionally cleaned by [________________________________] on [__/__/____]

☐ All personal property removed from all rooms, storage, and common areas

☐ Photographs and/or video recorded at move-out documenting condition

☐ Move-in condition records, if any, are attached

III. STATUTORY VIOLATIONS

You have violated the Rhode Island Residential Landlord and Tenant Act in the following respects:

☐ Failure to Return Within the Ordinary 20-Day Period (§ 34-18-19(b)): As of the date of this letter, more than twenty (20) days have elapsed since the latest of termination of the tenancy, delivery of possession, and provision of the forwarding address, yet you have failed to deliver the deposit balance due together with an itemized written notice.

☐ Different Applicable Deadline: This tenancy ended under a special statutory termination route. State the governing provision, trigger date, and missed deadline: [PROVISION / DATE / DEADLINE].

An earlier deadline under § 34-18-63(e) does not by itself establish noncompliance with § 34-18-19(b). Use the § 34-18-19(c) double-damages demand only if the facts also support a subsection (b) violation.

☐ Failure to Provide Itemized Written Statement (§ 34-18-19(b)): You have not provided a written, itemized accounting of any deductions taken from the deposit.

☐ Excessive Deposit (§ 34-18-19(a), (e)): The ordinary security deposit exceeded one month's periodic rent, or the separate furniture deposit did not meet the conditions or limit in subsection (e).

☐ Improper or Fabricated Deductions: You deducted amounts for items that do not constitute damage beyond ordinary wear and tear, including:
☐ Normal wall scuffing and minor nail holes
☐ Carpet wear in high-traffic areas
☐ Paint fading or discoloration from age
☐ Minor scratches on flooring consistent with normal use
☐ Cleaning or trash-disposal charges that were not reasonable or were not supported by the actual condition
☐ Charges for pre-existing conditions shown by the attached evidence
☐ Other: [________________________________]

☐ Statutory Noncompliance: Your failure to comply with § 34-18-19(b) permits recovery of the amount due, damages equal to twice the amount wrongfully withheld, and reasonable attorney fees under § 34-18-19(c).

IV. STATUTORY PENALTIES — R.I. GEN. LAWS § 34-18-19(c)

Under § 34-18-19(c):

If the landlord fails to comply with subsection (b), the tenant may recover the amount due him or her, together with damages in an amount equal to twice the amount wrongfully withheld, and reasonable attorney fees.

The statute provides:

• Recovery of the amount due to the tenant
• Damages equal to twice the amount wrongfully withheld
• Reasonable attorney fees

V. DAMAGES CALCULATION

Include the § 34-18-19(c) double-damages line only for a supported subsection (b) violation; identify an independent basis for any remedy arising solely from a special termination route.

VI. EVIDENCE PRESERVED

Our Client identifies the available documentary and photographic evidence below:

☐ Original executed lease agreement or rental agreement
☐ Written receipt for security deposit payment (or proof of payment by check/bank record)
☐ Move-in condition checklist (if landlord provided one)
☐ Dated photographs/video of premises at move-in
☐ Dated photographs/video of premises at move-out
☐ Copy of written notice to vacate with proof of delivery
☐ Proof of forwarding address delivery (certified mail receipt, email confirmation, etc.)
☐ All correspondence with landlord regarding deposit
☐ Landlord's itemized statement of deductions (if any was provided)
☐ Receipts for professional cleaning of premises
☐ Utility final bills showing service through move-out date
☐ Witness statements regarding condition of premises at move-out
☐ Bank records showing deposit payment
☐ Other: [________________________________]

VII. DEMAND

We request that you take the following actions within fourteen (14) calendar days of receipt of this letter. This is our requested response period, separate from the statutory return period in § 34-18-19(b):

1. Return of the ordinary security-deposit balance and any furniture-deposit balance wrongfully withheld: $[________________________________]

2. Payment of damages under § 34-18-19(c) on the ordinary deposit wrongfully withheld under subsection (b), reasonable attorney fees, and any independently recoverable costs: $[________________________________]

3. Total payment demanded: $[________________________________]

Payment shall be made by certified check or money order, payable to [________________________________], and delivered to:

[________________________________] (Law Firm Name)
[________________________________] (Street Address)
[________________________________] (City, RI ZIP)
Reference: [________________________________] Security Deposit Claim

VIII. CONSEQUENCES OF NON-COMPLIANCE

If you fail to satisfy this demand within the time specified, our Client is authorized and prepared to pursue the following remedies:

1. Court Action

We may file in the court with jurisdiction over this claim. Rhode Island's small-claims procedure is available only for the types of money claims described in R.I. Gen. Laws § 10-16-1, up to $5,000 exclusive of interest and costs, with the plaintiff's waiver of appeal. The court's current guidance identifies contract, retail-sale, and service claims. We will determine whether this deposit claim fits that procedure and which court and division are proper before filing.

2. Double Damages Under § 34-18-19(c)

We will request the amount due, damages equal to twice the amount wrongfully withheld, and reasonable attorney fees under § 34-18-19(c), together with any other relief independently authorized by current law.

3. Other Remedies

We will request any additional relief independently authorized by current law and supported by the facts. Section 34-18-22 states landlord maintenance duties; it does not itself create a general damages remedy for every breach of a rental agreement.

4. Judgment Enforcement

If a judgment enters and remains unpaid, our Client may seek enforcement available under applicable law.

IX. RESPONSE REQUESTED

Please respond in writing within fourteen (14) days with:

1. Full payment of the amount demanded; OR
2. A good-faith written settlement offer identifying the specific amount you contend may be deducted, with supporting documentation for each claimed deduction; AND
3. Any evidence of timely compliance you believe supports your position.

If no satisfactory response is received, our Client may proceed with litigation.

X. RESERVATION OF RIGHTS

This demand is made without prejudice to any and all rights, remedies, claims, and defenses available to our Client under federal, state, or local law, all of which are expressly reserved. No statement in this letter shall constitute a waiver, release, or limitation of any right.

Respectfully submitted,

[________________________________] (Law Firm Name)

By: _________________________________
[________________________________] (Attorney Name)
Rhode Island Bar No. [____]
[________________________________] (Address)
[________________________________] (City, RI ZIP)
[________________________________] (Telephone)
[________________________________] (Email)

Attorneys for [________________________________]

ENCLOSURES:
☐ Copy of lease agreement
☐ Copy of security deposit receipt or proof of payment
☐ Move-in/move-out photographs (selected)
☐ Copy of written notice to vacate
☐ Proof of forwarding address delivery
☐ Landlord's itemization of deductions (if any)
☐ Professional cleaning receipts
☐ Authorization letter

cc:
[________________________________] (Tenant/Client)
[________________________________] (Property Management Company, if applicable)
[________________________________] (Property Owner, if different from addressee)
Client File

Sources and References

• R.I. Gen. Laws § 34-18-19 — Security deposits
• R.I. Gen. Laws § 34-18-22 — Landlord maintenance duties
• R.I. Gen. Laws § 34-18-24 — Tenant maintenance duties
• R.I. Gen. Laws § 10-16-1 — Small Claims Court jurisdiction
• Rhode Island Judiciary — Small Claims Cases: https://www.courts.ri.gov/Courts/districtcourt/Pages/Small%20Claims.aspx

This template is for informational purposes only and does not constitute legal advice. Security deposit laws may be amended by the Rhode Island General Assembly and supplemented by local ordinances. Verify current requirements with a licensed Rhode Island attorney before use.