SECURITY DEPOSIT DEMAND LETTER
STATE OF WYOMING
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 Wyoming law. This letter constitutes formal demand for the immediate return of our Client's security deposit, plus all applicable damages.
I. WYOMING LEGAL FRAMEWORK
A. Governing Law
Security deposits in Wyoming are governed by Wyo. Stat. Section 1-21-1207 and Section 1-21-1208.
B. Security Deposit Limits
Wyoming law does not impose a statutory limit on security deposit amounts.
C. Return Deadline
Pursuant to Wyo. Stat. Section 1-21-1208(a), a landlord must return the security deposit within thirty (30) days after termination of the lease OR fifteen (15) days after receiving the tenant's forwarding address, whichever is later.
The deposit must be returned with an itemized statement of any deductions. If the landlord retains any portion, they must provide a written statement identifying the damages.
D. Non-Refundable Deposits
Under Wyo. Stat. Section 1-21-1207, a landlord may not designate any deposit as "non-refundable" unless specifically authorized by statute.
E. Permissible Deductions
Under Wyo. Stat. Section 1-21-1208(a), a landlord may retain from the security deposit only amounts for:
- Unpaid rent
- Damage to the premises caused by the tenant
- Other charges authorized by the rental agreement
F. Prohibited Deductions
The landlord may NOT deduct for:
- Normal 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 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 Wyoming 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 Wyo. Stat. Section 1-21-1208(a).
[ ] Failure to Provide Itemization: You have failed to provide a written, itemized statement of deductions within the statutory period.
[ ] Improper "Non-Refundable" Designation: You improperly designated the deposit as "non-refundable" in violation of Wyo. Stat. Section 1-21-1207.
[ ] 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
Wyoming 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 Wyoming 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 Wyoming Small Claims Court (for claims up to $6,000) or District Court for return of the deposit, damages, and costs.
-
Report Violations: Report your conduct to:
- Wyoming Attorney General - Consumer Protection Unit
- 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]
[WYOMING 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]
WYOMING SECURITY DEPOSIT QUICK REFERENCE
| Element | Wyoming Requirement |
|---|---|
| Governing Statute | Wyo. Stat. Sections 1-21-1207, 1-21-1208 |
| Deposit Limit | No statutory limit |
| Return Deadline | 30 days (or 15 days after receiving address) |
| Itemization Required | Yes |
| Receipts Required | No |
| Interest Required | No |
| Separate Account Required | No |
| Penalty for Violation | Actual damages |
| Attorney's Fees | Not specifically provided |
| Small Claims Limit | $6,000 |
WYOMING-SPECIFIC PRACTICE NOTES
[ ] Dual Deadline: Wyoming has a 30-day deadline after lease termination OR 15 days after receiving tenant's forwarding address, whichever is later.
[ ] No Non-Refundable Deposits: Wyoming prohibits landlords from designating deposits as "non-refundable" unless authorized by statute.
[ ] No Statutory Multiplier: Wyoming does not provide for double or treble damages for security deposit violations.
[ ] No Deposit Limit: Wyoming has no statutory cap on security deposits.
[ ] Small Claims Court: For claims up to $6,000, file in Wyoming Small Claims Court (Circuit Court).
[ ] Written Statement: If landlord retains any portion, they must provide written statement identifying damages.
[ ] No Attorney Fee Provision: The statute does not specifically provide for attorney's fees; consider lease provisions.
[ ] Documentation Critical: Given the lack of enhanced damages, thorough documentation of property condition is essential for proving the case.
This template is for informational purposes only and does not constitute legal advice. Security deposit laws may vary by locality. Consult a licensed Wyoming attorney before use.