Security Deposit Demand Letter

1. After Tenancy (most common) – Sent to the landlord if the tenant has not received their security deposit back after the state required time period.
2. Did Not Place in a Separate Account – All security deposits must be placed in a separate account in some states.
3. Failed to Transfer to New Owner – Use if the property is sold and the security deposit does not transfer to the new owner.
4. No Receipt – The landlord is required to furnish a security deposit receipt in some states.
5. No Checklist – The landlord is required to furnish the tenant with an inventory checklist in some states.

Despite what is written in the lease agreement, the landlord may have more time given the laws in your state. Therefore, it’s best to check the Security Deposit Return Laws and make sure that, in fact, the landlord is late.

This is unless the tenant is requesting the security deposit back for other reasons.

When completing, it is best to mention the following:

• Landlord’s name (as listed in the lease);
• Landlord’s address;
• Original lease date;
• State law; and
• Reason for the demand.

It is time to send a letter. Even if you have the landlord’s email, it is best to send via certified mail with a return receipt. This ensures that the landlord has received the notice.

Any landlord will treat this as a major warning for payment. By signing the return receipt (which gets returned to the tenant), they will know that you have legally notified them of this debt.

The landlord has two options:

1. Pay the Amount ($)
2. Avoid Payment

In general, if you do not hear from the landlord within 30 days, you will have to chase your security deposit via the court system.

Unless your jurisdiction has a housing court, you will most likely have to make a filing in a small claims court. If the landlord decides to avoid paying, representing yourself is the most cost-effective (See state-by-state small claims limits).