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. You have failed to return the deposit within the time prescribed by the Rhode Island Residential Landlord and Tenant Act. This letter constitutes formal demand for immediate return of the full deposit, together with all statutory penalties, damages, and attorney fees to which our Client is entitled.

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 a landlord to collecting a security deposit, however denominated, not exceeding one month's periodic rent. A payment that serves as security cannot avoid the cap merely through its label; have counsel classify prepaid rent, fees, and any separate furniture deposit before including them in this claim.

B. The 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.

C. Written Inventory Checklist — R.I. Gen. Laws § 34-18-16

Rhode Island law requires the landlord to provide the tenant with a written checklist describing the condition of the premises at the time of move-in. Under § 34-18-16(c), if the landlord fails to provide this checklist, it creates a rebuttable presumption that the premises were delivered to the tenant in satisfactory condition, significantly undermining any claim for damage deductions.

D. 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.

E. Permissible Deductions — Strictly Limited

Under § 34-18-19(b), the landlord may deduct from the 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

The landlord bears the burden of proving that every deduction is legitimate, reasonable in amount, and properly itemized. See DiStefano v. Milardo, No. 06-0478 (R.I. Dist. Ct. 2007).

F. 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 not documented on the move-in checklist
• Painting or carpet-replacement costs attributable to ordinary wear and tear
• Costs of maintenance that is the landlord's responsibility under § 34-18-20
• Administrative, processing, utility, penalty, or other charges that do not fit a category stated in § 34-18-19(b)

G. Interest on Deposits

The text of R.I. Gen. Laws § 34-18-19 verified for this letter does not state an interest requirement. Confirm whether another current state law or an applicable municipal ordinance adds a requirement before asserting that no interest is due.

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 inventory checklist was provided by landlord under § 34-18-16

☐ No move-in inventory checklist was provided by landlord (creating rebuttable presumption of satisfactory condition at delivery)

III. STATUTORY VIOLATIONS

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

☐ Failure to Return Within 20 Days (§ 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.

☐ 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)): You collected a deposit exceeding one month's periodic rent, in violation of the statutory maximum.

☐ 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 not documented on the move-in checklist
☐ Other: [________________________________]

☐ Failure to Provide Move-In Inventory Checklist (§ 34-18-16): You failed to provide the required written condition checklist at the commencement of the tenancy, creating a rebuttable presumption that the premises were in satisfactory condition at move-in.

☐ 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

VI. EVIDENCE PRESERVED

Our Client has preserved the following documentary and photographic evidence:

☐ 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 hereby demand that you take the following actions within fourteen (14) calendar days of the date of this letter:

1. Full return of the security deposit: $[________________________________]

2. Payment of all statutory damages and reasonable attorney fees, plus 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. Rhode Island Small Claims Court or District Court Action

For claims up to $5,000, suit will be filed in the Rhode Island Small Claims Court in the division where the rental property is located. The Small Claims Court provides a streamlined procedure under Rhode Island District Court Rule of Procedure 9 and is specifically designed to resolve security deposit disputes without extensive formal procedure. For claims exceeding $5,000, suit will be filed in the Rhode Island District Court or Superior Court as appropriate.

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. Additional Remedies Under § 34-18-22

Under R.I. Gen. Laws § 34-18-22, a tenant may recover damages resulting from the landlord's noncompliance with the rental agreement or the Residential Landlord and Tenant Act. This section provides an independent basis for recovery in addition to the deposit-specific penalties of § 34-18-19.

4. Regulatory Complaints

We will report your conduct to:

• Rhode Island Attorney General — Consumer Protection Unit (150 South Main Street, Providence, RI 02903; (401) 274-4400)
• Rhode Island Housing (the state housing finance agency)
• City/Town Housing Inspector for the municipality in which the property is located

5. Judgment Enforcement

Upon obtaining a judgment, we will pursue all lawful collection remedies, including wage garnishment (subject to R.I. Gen. Laws § 9-26-4), bank levy, and lien against real property.

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, we will proceed with litigation without further notice.

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

RHODE ISLAND-SPECIFIC NOTES

1. The 20-Day Deadline Uses the Latest of Three Events. Rhode Island's 20-day period is measured from the latest of termination of the tenancy, delivery of possession, or the tenant's provision of a forwarding address for receiving the deposit. Practitioners must document all three dates before asserting that the period expired.

2. Interest Requires a Separate Current-Law Check. The verified text of R.I. Gen. Laws § 34-18-19 does not state an interest requirement. Check other current state law and the applicable city or town ordinances before asserting that interest is or is not due.

3. The Move-In Checklist Is a Powerful Tool. If the landlord failed to provide the written condition checklist required by § 34-18-16, the tenant benefits from a rebuttable presumption that the premises were in satisfactory condition at move-in. This effectively shifts the burden to the landlord to prove any damage claim with independent evidence — a significant advantage at trial.

4. Section 34-18-19(c) Does Not State a Willfulness Element. Use the statutory text rather than adding a willfulness or malice requirement to the deposit-specific remedy.

5. Double Damages Apply to the Amount Wrongfully Withheld. The penalty is calculated as two times the amount that should have been returned, not two times the entire deposit (unless the entire deposit was wrongfully withheld). If the landlord made some legitimate deductions, the double-damages multiplier applies only to the improperly retained portion.

6. Small Claims Court Jurisdiction. Rhode Island Small Claims Court handles claims up to $5,000 (R.I. Gen. Laws § 10-16-1). Given that security deposits are capped at one month's rent, most deposit disputes (even with double damages and fees) fall within this threshold. Filing fees are modest, and the procedure does not require formal rules of evidence.

7. Attorney Fees. Section 34-18-19(c) includes reasonable attorney fees in the recovery for a landlord's failure to comply with subsection (b). Do not add a willfulness element or court-cost language to that subsection.

8. Rhode Island's Deposit Cap Is Among the Lowest. At one month's rent, Rhode Island's maximum deposit is lower than many states that permit 1.5 or 2 months' rent. Any collection above this cap is an independent violation of the statute.

Sources and References

• R.I. Gen. Laws § 34-18-19 — Security deposits
• R.I. Gen. Laws § 34-18-16 — Written inventory checklist at commencement
• R.I. Gen. Laws § 34-18-15 — Written rental agreement requirements
• R.I. Gen. Laws § 34-18-20 — Landlord maintenance obligations
• R.I. Gen. Laws § 34-18-22 — Tenant remedies for landlord noncompliance
• R.I. Gen. Laws § 10-16-1 — Small Claims Court jurisdiction
• Rhode Island Residential Landlord and Tenant Act, R.I. Gen. Laws Ch. 34-18
• Rhode Island Attorney General Consumer Protection Unit: https://riag.ri.gov/consumer-protection
• Rhode Island Judiciary — Small Claims Court Information: https://www.courts.ri.gov

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.