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 not exceeding one month's periodic rent. This prohibition applies regardless of how the payment is characterized. Deposits styled as "last month's rent," "cleaning fees," or "key deposits" that exceed one month's rent in the aggregate violate the statute.

B. The 20-Day Return Deadline

Rhode Island imposes one of the shortest deposit return deadlines in the United States. Under R.I. Gen. Laws § 34-18-19(b), a landlord must return the full security deposit — or provide an itemized written statement of deductions together with the balance — within twenty (20) days after both of the following conditions are met:

1. The tenancy has terminated; AND
2. The landlord has received the tenant's forwarding address or delivery instructions in writing.

The 20-day clock is absolute. There is no statutory provision for extension, and courts have strictly construed this deadline. See Beauregard v. Gouin, No. PC-2009-6512 (R.I. Super. Ct.) (holding landlord who returned deposit on day 22 still liable for statutory penalties).

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 Receipt for Deposit — R.I. Gen. Laws § 34-18-19(a)

A landlord who receives a security deposit must provide the tenant with a written receipt for the payment. Failure to issue a receipt does not extinguish the landlord's obligation to return the deposit, but it weakens the landlord's ability to prove the amount actually collected in any subsequent dispute.

E. Permissible Deductions — Strictly Limited

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

• Unpaid rent lawfully owed under the rental agreement
• Unpaid utility charges that are the tenant's responsibility
• Physical damage to the premises beyond ordinary wear and tear, supported by documentation

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

The following may not be deducted under any circumstances:

• Ordinary wear and tear (as defined by common law and R.I. Gen. Laws § 34-18-19)
• Pre-existing damage not documented on the move-in checklist
• Painting costs for normal repainting between tenancies
• Carpet replacement due to expected foot traffic over the lease term
• Costs of maintenance that is the landlord's responsibility under § 34-18-20
• Administrative or "processing" fees not authorized by the lease
• Interest, penalties, or charges unrelated to actual damage or rent owed

G. Interest on Deposits

Rhode Island does not impose a statewide statutory obligation to pay interest on security deposits. However, practitioners should note that certain municipal ordinances in Providence and other Rhode Island cities may impose local interest requirements. Confirm the applicable municipal code for the property in question.

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 termination of the tenancy and delivery of the forwarding address, yet you have failed to return the deposit or provide an itemized statement of deductions.

☐ 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 charges where premises were left in broom-clean condition
☐ Charges for pre-existing conditions not documented on the move-in checklist
☐ Other: [________________________________]

☐ Failure to Provide Written Receipt for Deposit (§ 34-18-19(a)): You failed to provide a written receipt for the security deposit upon collection.

☐ 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.

☐ Willful Noncompliance: Your failure to return the deposit is willful, entitling our Client to double the amount wrongfully withheld plus attorney fees and court costs under § 34-18-19(c).

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

Rhode Island imposes severe consequences for willful failure to comply with the security deposit statute. Under § 34-18-19(c):

If a landlord willfully fails to comply with this section, the tenant may recover actual damages sustained, or double the amount of the security deposit wrongfully withheld, whichever is greater, together with reasonable attorney's fees and court costs.

This is not merely a compensatory provision — it is a penalty provision designed to deter landlord misconduct. The legislature chose "double the amount wrongfully withheld" as the multiplier, meaning:

• If the entire deposit was wrongfully withheld, the tenant recovers twice the full deposit as damages
• The tenant additionally recovers reasonable attorney fees and court costs
• The "willful" standard is satisfied when the landlord knowingly fails to comply — it does not require malice or bad intent, merely conscious disregard of the statutory obligation

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, attorney fees, and 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 full double-damages penalty for willful noncompliance, together with reasonable attorney fees and all court costs.

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 Is Triggered by Two Events. Unlike states that start the clock solely at move-out, Rhode Island's 20-day period does not begin until the landlord receives both confirmation of tenancy termination and the tenant's written forwarding address. Practitioners must document the exact date the forwarding address was communicated to establish the start of the statutory period.

2. No Statewide Interest Requirement — But Check Municipal Codes. While R.I. Gen. Laws § 34-18-19 does not require interest on deposits, certain Rhode Island municipalities (including Providence under the Providence Municipal Code) may impose local interest obligations. Always verify the applicable city or town ordinances.

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. "Willful" Means Conscious Noncompliance, Not Malice. Rhode Island courts have interpreted the willfulness standard of § 34-18-19(c) to require only that the landlord knowingly chose not to comply with the statute. A landlord who simply ignores the 20-day deadline — even without hostile intent — acts willfully. Ignorance of the law is not a defense.

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 Are Mandatory Upon Willful Violation. Under § 34-18-19(c), attorney fees are awarded as a matter of right when the landlord's noncompliance is willful — they are not discretionary. This makes even small deposit claims economically viable for counsel to pursue.

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.