SECURITY DEPOSIT DEMAND LETTER
STATE OF TENNESSEE
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 Tennessee law. This letter constitutes formal demand for the immediate return of our Client's security deposit, plus all applicable damages.
I. TENNESSEE LEGAL FRAMEWORK
A. Governing Law
Security deposits in Tennessee are governed by the Tennessee Uniform Residential Landlord and Tenant Act, Tenn. Code Ann. Section 66-28-301.
B. Security Deposit Limits
Tennessee law does not impose a statutory limit on security deposit amounts.
C. Return Deadline
Pursuant to Tenn. Code Ann. Section 66-28-301(b):
- No deductions: Landlord must return full deposit within thirty (30) days
- With deductions: Landlord has sixty (60) days to return remainder with itemized list
Both deadlines run from termination of tenancy and delivery of possession.
D. Separate Account Requirement
Under Tenn. Code Ann. Section 66-28-301(a), the landlord must deposit security deposits in an account held by a bank or other financial institution regulated by the state or federal government. The account must be used solely for security deposits.
E. Permissible Deductions
Under Tenn. Code Ann. Section 66-28-301(b), a landlord may retain from the security deposit only amounts necessary for:
- Unpaid rent
- Damages beyond normal wear and tear
- Other damages provided for in the rental agreement
F. Prohibited Deductions
The landlord may NOT deduct for:
- Normal wear and tear
- Pre-existing conditions
- Conditions resulting from landlord's failure to maintain premises
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 Tennessee 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 Tenn. Code Ann. Section 66-28-301(b).
[ ] Failure to Provide Itemization: You have failed to provide a written, itemized statement of deductions within sixty (60) days.
[ ] Failure to Use Separate Account: You failed to hold the security deposit in a separate account as required by Tenn. Code Ann. Section 66-28-301(a).
[ ] 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]
[ ] Wrongful Retention: You have wrongfully retained the deposit without legal justification.
IV. NORMAL WEAR AND TEAR
Tennessee 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. Legal Remedies
Under Tennessee law, if a landlord wrongfully withholds a security deposit:
- The tenant may recover the deposit amount wrongfully withheld
- The tenant may recover actual damages
C. Total Demand
| Item | Amount |
|---|---|
| Security Deposit | $[AMOUNT] |
| Other Deposits | $[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 Tennessee General Sessions Court (for claims up to $25,000) or Circuit Court for return of the deposit, damages, and costs.
-
Report Violations: Report your conduct to:
- Tennessee 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]
[TENNESSEE 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]
TENNESSEE SECURITY DEPOSIT QUICK REFERENCE
| Element | Tennessee Requirement |
|---|---|
| Governing Statute | Tenn. Code Ann. Section 66-28-301 |
| Deposit Limit | No statutory limit |
| Return Deadline | 30 days (no deductions); 60 days (with deductions) |
| Itemization Required | Yes (within 60 days if deducting) |
| Receipts Required | No |
| Interest Required | No |
| Separate Account Required | Yes |
| Penalty for Violation | Actual damages |
| Attorney's Fees | Not specifically provided |
| Small Claims Limit | $25,000 |
TENNESSEE-SPECIFIC PRACTICE NOTES
[ ] Two-Tier Deadline: Tennessee has a unique 30/60 day deadline system. If no deductions, return within 30 days. If deducting, 60 days with itemization.
[ ] Separate Account Required: Landlord must maintain security deposits in a separate account at a regulated financial institution.
[ ] No Deposit Limit: Tennessee has no statutory cap on security deposits; however, excessive deposits may be challenged as unconscionable.
[ ] No Statutory Multiplier: Tennessee does not provide for double or treble damages for security deposit violations.
[ ] High Small Claims Limit: Tennessee's General Sessions Court handles claims up to $25,000, making it a cost-effective venue for most deposit disputes.
[ ] Itemized Statement: If making deductions, landlord must provide itemized list within 60 days.
[ ] Move-In Checklist: Tennessee requires landlords to provide a written inventory of the condition of the premises at move-in.
[ ] Nashville/Memphis: Some larger cities may have additional local tenant protection ordinances.
This template is for informational purposes only and does not constitute legal advice. Security deposit laws may vary by locality. Consult a licensed Tennessee attorney before use.