SECURITY DEPOSIT DEMAND LETTER
COMMONWEALTH OF VIRGINIA
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 Virginia 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. VIRGINIA LEGAL FRAMEWORK
A. Governing Law
Security deposits in Virginia are governed by the Virginia Residential Landlord and Tenant Act, Va. Code Section 55.1-1226.
B. Security Deposit Limits
Under Va. Code Section 55.1-1226(A), a landlord may not demand or receive a security deposit in excess of two months' periodic rent.
C. Return Deadline
Pursuant to Va. Code Section 55.1-1226(A), 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 list of any damages and the amount charged for each.
D. Interest Requirements
Under Va. Code Section 55.1-1226(B), if required by locality, the landlord must pay interest on the security deposit at a rate equal to the Federal Reserve Board discount rate as of January 1 of each year. Interest accrues from the date the deposit is paid.
E. Permissible Deductions
Under Va. Code Section 55.1-1226(A), a landlord may retain from the security deposit only amounts for:
- Actual damages to the dwelling unit
- Unpaid rent
- Other reasonable charges as provided in the rental agreement
F. Prohibited Deductions
The landlord may NOT deduct for:
- Ordinary wear and tear
- Pre-existing conditions
- Conditions caused by 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 ordinary 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 Virginia 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 Va. Code Section 55.1-1226(A).
[ ] Failure to Provide Itemization: You have failed to provide a written, itemized list of damages and charges within the statutory period.
[ ] Excessive Security Deposit: You collected a security deposit exceeding two months' rent in violation of Va. Code Section 55.1-1226(A).
[ ] Failure to Pay Interest: You have failed to pay the required interest on the security deposit as required by Va. Code Section 55.1-1226(B).
[ ] Improper Deductions: You have made deductions that are not permitted by law, including:
- [ ] Deductions for ordinary 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.
IV. ORDINARY WEAR AND TEAR
Virginia law distinguishes between "damage" for which a tenant may be charged and "ordinary wear and tear" for which a tenant may not be charged. Ordinary 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 ordinary 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] |
| Accrued Interest | $[AMOUNT] |
| Total Deposits Due | $[AMOUNT] |
B. Statutory Remedies
Under Va. Code Section 55.1-1226, if a landlord fails to comply with security deposit requirements:
- The tenant may recover the security deposit
- The tenant may recover actual damages
- The tenant may recover reasonable attorney's fees
C. Total Demand
| Item | Amount |
|---|---|
| Security Deposit | $[AMOUNT] |
| Other Deposits | $[AMOUNT] |
| Accrued Interest | $[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: 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 Virginia General District Court (for claims up to $25,000) or Small Claims Division (up to $5,000) for return of the deposit, actual damages, interest, attorney's fees, and costs.
-
Seek Attorney's Fees: Request the court award reasonable attorney's fees pursuant to Va. Code Section 55.1-1245.
-
Report Violations: Report your conduct to:
- Virginia Attorney General - Consumer Protection Section
- 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]
[VIRGINIA 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]
VIRGINIA SECURITY DEPOSIT QUICK REFERENCE
| Element | Virginia Requirement |
|---|---|
| Governing Statute | Va. Code Section 55.1-1226 |
| Deposit Limit | 2 months' rent |
| Return Deadline | 45 days |
| Itemization Required | Yes |
| Receipts Required | No |
| Interest Required | If required by locality |
| Separate Account Required | No |
| Penalty for Violation | Actual damages + attorney's fees |
| Attorney's Fees | Yes - Va. Code Section 55.1-1245 |
| Small Claims Limit | $5,000 |
VIRGINIA-SPECIFIC PRACTICE NOTES
[ ] 45-Day Deadline: Virginia provides one of the longer return periods at 45 days.
[ ] Two Month Limit: Security deposit cannot exceed two months' rent.
[ ] Interest Varies by Locality: Check whether the locality requires interest payment on security deposits.
[ ] Move-In Inspection: Tenant should request and document a move-in inspection to establish baseline condition.
[ ] Itemized Statement: Landlord must provide itemized list of damages with specific amounts for each.
[ ] General District Court: For claims up to $25,000, file in Virginia General District Court. Small Claims Division handles claims up to $5,000.
[ ] Military Personnel: Virginia has specific protections for military personnel regarding security deposits.
[ ] Northern Virginia: Some Northern Virginia localities may have additional tenant protection measures.
[ ] VRLTA Exemptions: Some properties may be exempt from the Virginia Residential Landlord and Tenant Act; verify applicability.
This template is for informational purposes only and does not constitute legal advice. Security deposit laws may vary by locality. Consult a licensed Virginia attorney before use.