How to Write a Demand Letter for a Security Deposit Dispute (Free Guide)
Your landlord owes you money. The move-out date came and went. The deadline passed. And still, no deposit, no itemized list, no explanation. Just silence. Writing a demand letter for a security deposit dispute is often the one step that changes everything. It signals you're serious. It creates a paper trail. And in many cases, it's the only push landlords need to cut the check.
This guide breaks down exactly how to write one, what to include, and what to do if they ignore it.
When Should You Send a Security Deposit Demand Letter?
The moment your landlord misses their state-required deadline, you have grounds to act. Every state sets a legal window for landlords to either return your deposit or send an itemized list of deductions. Once that window closes and you've heard nothing, a security deposit demand letter is your next move.
Don't wait around hoping they'll come through. Most landlords who intend to return deposits do it on time. Silence after the deadline usually means they're hoping you'll forget or assume there's nothing you can do. There is.
State-by-State Security Deposit Return Deadlines
These deadlines typically start from the day you move out or the day your lease ends, whichever comes first. Here are the deadlines for the most common states:
- California: 21 days
- Texas: 30 days
- New York: 14 days
- Florida: 15 days if no deductions, up to 60 days if disputing deductions
- Illinois: 30 days
- Washington: 21 days
- Colorado: 30 days (60 days if stated in lease)
- Georgia: 30 days
- Arizona: 14 days
- North Carolina: 30 days
- Ohio: 30 days
- Michigan: 30 days
- Pennsylvania: 30 days
- Virginia: 45 days
- Nevada: 30 days
If your state isn't listed, look it up before you do anything else. The deadline is the foundation your letter stands on.
Common Landlord Tricks You Should Know About
Before you write a single word, know what you're dealing with. Landlords who keep deposits without good reason usually follow a predictable playbook.
The "Cleaning Fee" Move
Charging for professional cleaning is only legal if the lease specifically allows it, or if the unit was left in genuinely poor condition. A landlord can't charge you for normal cleaning between tenants. That's called normal wear and tear, and it's on them.
Fake or Inflated Damage Claims
You lived there. The walls have nail holes. The carpet has a faded path from the couch to the kitchen. That's not damage, that's life. Landlords sometimes inflate minor issues into big repair bills. Unless there's actual damage beyond normal use, they can't deduct it.
No Itemized List
In most states, landlords are required to send an itemized list of deductions along with any remaining balance. If they kept your deposit and never sent an itemized statement within the legal window, that's often a violation in itself, regardless of whether the deductions were legitimate.
Claiming They Never Got Your Forwarding Address
This is a common one. They'll say they had no way to reach you. That's why you send everything in writing, and why certified mail matters so much. More on that in a minute.
What to Include in Your Security Deposit Demand Letter
A strong demand letter for a security deposit dispute isn't a rant. It's a calm, factual document that lays out the situation, cites the law, and makes clear what happens next. Here's what every letter needs:
1. Your Information and the Date
Include your full name, current mailing address, and the date you're sending the letter. This establishes the timeline and creates a record.
2. The Landlord's Information
Address it to the landlord or property management company by name. Use the address on your original lease if you have it.
3. The Rental Property Address and Move-Out Date
Be specific. Include the full address of the rental unit and the exact date you vacated. This removes any ambiguity about when the clock started ticking.
4. The Deposit Amount
State exactly how much you paid. Attach a copy of your move-in receipt or your lease if it shows the deposit amount.
5. Citation of Your State Law
This is the part most people skip, and it's the most powerful part of the letter. Look up your state's security deposit statute and cite it directly. For example, in California you'd reference Civil Code Section 1950.5. In Texas, it's Property Code Section 92.103. This signals you know your rights, and that you're not going away.
6. Your Dispute of Deductions (If Applicable)
If they returned part of your deposit but kept some with weak justifications, spell out which deductions you're disputing and why. "The $300 cleaning fee is not permitted under the lease and does not reflect damage beyond normal wear and tear" is a complete, usable sentence.
7. A Clear Deadline
Give them a specific number of days to respond. Ten to fourteen days is standard. Make it firm. "Please return the full deposit of $[amount] within 14 days of receiving this letter."
8. The Consequence
Tell them what happens if they don't comply. In many states, landlords who wrongfully withhold deposits can be sued for double or even triple the amount. Include that. "Failure to respond may result in a small claims court filing, in which I will seek the deposit amount plus any statutory penalties allowed under [your state law]."
Sample Security Deposit Demand Letter Framework
Here's a structure you can adapt. Fill in the bracketed sections with your real information.
[Your Name]br>\n[Your Current Address]br>\n[City, State, ZIP]br>\n[Date]
[Landlord Name or Property Management Company]br>\n[Their Address]
Re: Demand for Return of Security Depositbr>\nProperty: [Full Rental Address]
Dear [Landlord Name],
I am writing to formally request the return of my security deposit of $[amount], which I paid upon signing the lease for the above property. I vacated the premises on [move-out date].
Under [your state] law ([cite specific statute]), you were required to return my deposit or provide an itemized list of deductions within [X] days of my move-out. That deadline has passed without any communication from you.
[If deductions were taken: I dispute the following deductions: [list them]. These charges do not reflect actual damage beyond normal wear and tear and/or are not permitted under the terms of the lease.]
I request the return of $[full or partial amount] within 14 days of receiving this letter. If I do not receive payment by [specific date], I intend to pursue this matter in small claims court and will seek the deposit amount plus any statutory penalties available under [state law].
Please send payment to the address above.
Sincerely,br>\n[Your Name]br>\n[Phone Number]br>\n[Email Address]
Short. Factual. Clear consequences. That's the formula.
How to Send Your Demand Letter
This matters more than most people realize. Email is easy to ignore and easy to dispute. A text is even worse. You need documented proof that the letter was sent and received.
Send it via certified mail with return receipt requested. The post office will give you a tracking number, and when the landlord signs for it, you get a green card back in the mail proving delivery. That card is evidence. It matters in court if it ever gets there.
You can also send a copy by email so there's a timestamp, but certified mail is your foundation. Don't skip it.
What Happens After You Send It
Three things can happen:
- They pay. This is the most common outcome when the letter is written clearly and sent properly. Most landlords don't want small claims on their record.
- They negotiate. They might come back with a partial refund or dispute some of your claims. You can decide if it's worth settling or pushing further.
- They ignore it. If they don't respond by your deadline, you file in small claims court. The demand letter becomes Exhibit A.
Small claims court is less intimidating than it sounds. Most cases are resolved in a single hearing. You don't need a lawyer. And you already have most of your documentation ready from writing the letter.
One Option Worth Knowing About
If you'd rather not write the letter yourself and want it sent the right way, PettyLawsuit handles this for $29. Your demand letter goes out via certified mail instantly, with tracking. They've helped over 2,500 people with cases like yours, and about 70% of cases resolve without ever going to court. Worth knowing it exists.
Frequently Asked Questions
How long does a landlord have to return my security deposit?
It depends on your state. Deadlines range from 14 days (New York, Arizona) to 60 days (Florida, in some cases). The clock typically starts from your move-out date or lease end date. Once that window closes and you've received nothing, you're in demand letter territory.
What if my landlord sent an itemized list but I think the charges are fake?
You can dispute the specific deductions in your security deposit demand letter. Focus on anything that looks like normal wear and tear, charges not permitted under the lease, or amounts that seem inflated without receipts or estimates to back them up. You don't have to accept their list as final.
Can I email my demand letter instead of sending it by mail?
Technically yes, but it's risky. Email is easy to ignore, easy to claim was never received, and harder to use as evidence in court. Certified mail with return receipt is the standard for a reason. If you want the strongest possible position, go postal.
What if my landlord never sent an itemized deduction list?
In most states, failing to send an itemized list within the legal deadline means the landlord forfeits the right to keep any deductions. They may also owe you additional penalties. Cite that in your letter. It's often the detail that gets fast results.
Do I need a lawyer to write a demand letter for a security deposit dispute?
No. A demand letter is not a legal filing. It's a formal written request. You can write one yourself using the framework in this guide, or use a service to generate and send it for you. Lawyers are helpful if the case escalates to court, but for the demand letter stage, you can absolutely handle it on your own.