SECURITY DEPOSIT ITEMIZATION AND RETURN LETTER
(Rhode Island – Residential Tenancy)
[// GUIDANCE: This template is intentionally comprehensive to satisfy the “highest-standards” mandate. Practitioners may streamline non-essential sections for routine use while preserving statutory compliance under R.I. Gen. Laws § 34-18-19.]
I. DOCUMENT HEADER
A. Parties
1. Landlord: [LANDLORD LEGAL NAME], a [STATE] [ENTITY TYPE] with a principal business address at [LANDLORD ADDRESS] (“Landlord”).
2. Tenant: [TENANT LEGAL NAME], presently residing at [TENANT FORWARDING ADDRESS] (“Tenant”).
B. Property
Premises commonly known as [STREET ADDRESS, CITY, RI ZIP] (the “Premises”).
C. Lease & Security Deposit
1. Lease dated [LEASE DATE] (the “Lease”).
2. Security Deposit paid: $[DEPOSIT AMOUNT] on [DEPOSIT DATE] (the “Security Deposit”).
D. Effective Date & Governing Law
This letter is effective [DATE OF LETTER] and governed exclusively by the Rhode Island Residential Landlord and Tenant Act, R.I. Gen. Laws § 34-18-1 et seq., and related housing regulations.
II. DEFINITIONS
The following terms have the indicated meanings when used in this Letter:
“Business Day” – Any day other than Saturday, Sunday, or a Rhode Island state-recognized holiday.
“Normal Wear and Tear” – Deterioration that occurs without negligence, carelessness, accident, or abuse, consistent with R.I. Gen. Laws § 34-18-19(a).
“Statement” – The itemized accounting of deductions from the Security Deposit required by R.I. Gen. Laws § 34-18-19(b).
III. OPERATIVE PROVISIONS
3.1 Timeliness of Statement
Pursuant to R.I. Gen. Laws § 34-18-19(b), this Statement and any refund check are delivered within twenty (20) days after the later of (i) termination of the tenancy and (ii) Tenant’s delivery of possession of the Premises.
3.2 Itemization of Deductions
| No. | Description | Statutory Category | Amount ($) | Supporting Documentation |
|---|---|---|---|---|
| 1 | [Unpaid Rent – Month/Year] | “Rent Arrearage” | [ ] | Ledger enclosed |
| 2 | [Repair - Hole in Living-Room Wall] | “Damage beyond Normal Wear and Tear” | [ ] | Invoice #___ |
| 3 | [Professional Cleaning] | “Excess Cleaning” | [ ] | Receipt dated ___ |
| TOTAL DEDUCTIONS | $[ ] |
[// GUIDANCE: Attach copies of all invoices, receipts, or photographs to reinforce defensibility.]
3.3 Calculation of Refund
Security Deposit Received: $ [DEPOSIT AMOUNT]
Less: Total Deductions: -$ [TOTAL DEDUCTIONS]
Balance Due to Tenant: $ [REFUND AMOUNT]
A check in the amount of $[REFUND AMOUNT] is enclosed and constitutes tender of the refundable balance.
3.4 Manner of Delivery
This Letter and the enclosed check are being transmitted to Tenant (i) via [PERSONAL DELIVERY / FIRST-CLASS MAIL] to the forwarding address provided above, and (ii) via [optional: email PDF to TENANT EMAIL] for convenience only.
IV. REPRESENTATIONS & WARRANTIES
4.1 Landlord represents that each listed deduction (a) is lawful under R.I. Gen. Laws § 34-18-19, (b) reflects either actual cost incurred or a commercially reasonable estimate supported by the attached documentation, and (c) excludes charges attributable to Normal Wear and Tear.
4.2 Landlord warrants that, to the best of its knowledge, no additional sums are presently owed by Tenant under the Lease other than as set forth herein.
4.3 The foregoing representations survive delivery of this Letter for a period equal to the applicable statute of limitations for contract claims in Rhode Island.
V. COVENANTS & RESERVATIONS
5.1 Nothing herein waives Landlord’s right to pursue additional damages that are (a) concealed or otherwise undiscoverable upon move-out inspection and (b) first identified within the statutory limitations period; provided, however, that any such claim shall be asserted by separate written notice and in compliance with R.I. Gen. Laws § 34-18-34.
5.2 Tenant shall notify Landlord in writing within ten (10) Business Days of any dispute regarding this Statement, specifying each contested item with reasonable particularity. Failure to timely object shall be deemed acceptance, but shall not waive non-waivable statutory rights.
VI. DEFAULT & REMEDIES
6.1 Failure by Tenant to remit any outstanding balance identified herein within ten (10) Business Days of demand constitutes a Lease default.
6.2 Upon Tenant default, Landlord may:
a. Initiate a civil action in the Rhode Island District Court – Housing Calendar for money damages; and/or
b. Recover reasonable attorney fees and costs where so awarded under the Lease or as permitted by law.
VII. RISK ALLOCATION
7.1 Indemnification: Not applicable (per metadata).
7.2 Limitation of Liability: Any statutory penalties applicable to wrongful withholding of a security deposit are as provided in R.I. Gen. Laws § 34-18-19(c) (i.e., up to two times the amount wrongfully withheld, plus reasonable attorney fees).
VIII. DISPUTE RESOLUTION
8.1 Governing Law: State of Rhode Island.
8.2 Forum Selection: Exclusive jurisdiction and venue reside in the Rhode Island District Court – Housing Calendar (Providence or county of the Premises), except where such court lacks subject-matter jurisdiction.
8.3 Arbitration: Expressly excluded.
8.4 Jury Waiver: Neither party waives its constitutional right to trial by jury.
8.5 Injunctive Relief: Parties are limited to money damages unless otherwise ordered by a court of competent jurisdiction.
IX. GENERAL PROVISIONS
9.1 Entire Agreement: This Letter and its attachments constitute the complete statement of the Security Deposit reconciliation and supersede any prior oral or written communications on the subject.
9.2 Amendment: Any modification must be in a writing executed by both parties or ordered by a court.
9.3 Severability: If any provision of this Letter is held unenforceable, the remainder shall be enforced to the fullest extent permitted by law.
9.4 Counterparts & Electronic Signatures: This Letter may be executed in counterparts and delivered via electronic means (including scanned PDF), each of which shall be deemed an original.
X. EXECUTION BLOCK
IN WITNESS WHEREOF, Landlord issues this Security Deposit Itemization and Return Letter effective as of the date first written above.
[LANDLORD LEGAL NAME]
By: _____
Name: [PRINTED NAME]
Title: [TITLE]
Date: _________
ACKNOWLEDGED:
[TENANT LEGAL NAME]
(Signature not required for effectiveness but encouraged for receipt acknowledgment)
Tenant Signature (optional)
Date: ______
[// GUIDANCE:
1. Retain proof of mailing (certificate of mailing or certified mail) to establish statutory compliance.
2. Preserve a complete copy of this Letter, attachments, and delivery receipts for not less than four (4) years.
3. Confirm that deductions do not exceed actual cost; otherwise, prorate or adjust prior to dispatch.
4. If interest on the Security Deposit is required under the Lease (RI law does not mandate interest), include the calculation and reference the relevant Lease clause.]