Security Deposit Demand Letter to Landlord (Free Templates)

A security deposit is the money paid to the Landlord or the property manager when moving in. The deposit can be used to cover any unpaid rent, and the cost to repair damage above normal wear and tear after moving in.

A security deposit demand letter is a request made by a tenant to remind the Landlord or the property manager to refund the amount of money that was paid at the beginning of the lease term.

This letter is written only after the Landlord has failed to pay back the tenant within a State required time frame.

Landlords require that tenants pay a one-off security deposit to protect against any damages done to the property by a tenant. If a tenant decides to move out of their property, they have to make sure that there are no damages. For this reason, a landlord will require the tenant to make a one-time security deposit to cover any losses that they might have been incurred during their time at the property.

It is a common scenario for landlords and property managers to return little to none of a security deposit. If the Landlord wants to deduct money for repairs from your security deposit, they are required to document the reasons why they are keeping part of the money.

However, the tenant can dispute the reasons if they have proof, in the form of photographs, and signed documents about the original condition of the property and the condition at the time of moving out.

Before accusing your Landlord of wrongfully withholding your security deposit, ask yourself these three questions:

• Were the charges raised by the Landlord reasonable or substantiated by proper documentation.
• Did you provide a notice to move on time, and was the notice received?
• Did the landlord issue you with a notice stating why a portion of your security deposit was withheld?

The Landlord/property manager is required by law to refund the deposit amount under the following conditions:

• If there is no damage to the property, return the entire security deposit to the tenant at the tenant’s new mailing address or call them to have them collect their deposit within 30 days of the lease termination or demand from the tenant.
• If there is damage to the property, issue the tenant with a written notice describing the damage and the exact amount of the deposit that was used to repair the damage.
• If the damage does not exceed, the amount of the security deposit withheld, what’s left of the deposit must be returned to the tenant within 30 days of the lease termination or demand from the tenant.

As a landlord, ensure that your tenants perform a thorough inspection of the property before moving in. You can provide them with a conditional rental checklist for them to use when assessing the property.

Make sure that the checklist is comprehensive and includes each room. Make sure to go through the list with the tenant and sign the completed checklist and keep a copy for future reference. You can also photograph each room in the rental and any yard space and give a copy to the tenant.

The following tips will give you a better chance of getting your security deposit back when moving out.

Before or when you move in:

• Make sure you are given a payment receipt of the security deposit and keep it safe
• Before moving in, use a checklist to assess the property and note down all the things and their condition and have the landlord sign it.
• Take photos of each room

When you are ready to move out:

• Issue a notice to your Landlord in writing informing them of your plans to move out.
• Return any property that needs to be returned, e.g., keys or gate pass, to the right person
• Ensure that the apartment is in good condition when you move out

To sue your landlord/property manager in small claims court:

If your Landlord fails to refund your security deposit after sending them a demand letter, your last option is to file a lawsuit against them. Steps to filing a lawsuit against your property manager/landlord include:

• Determine where to file the suit. You can seek legal advice from your attorney before filing the lawsuit.
• See if the court has any forms that you can fill out for you small claims case
• After filing the suit, the Landlord will then be issued with the lawsuit
• After they are served, they shall have up to 10 days to respond to your lawsuit. The Landlord can also offer a counterclaim against you.
• After which, the case will be set for trial
• After presenting your case, the judge will make a ruling

A landlord is not allowed to deduct money from your security deposit based on normal wear and tear. Some of the reasons why your Landlord may deduct money from your security deposit include:

• The tenant has failed in keeping the plumbing fixtures in the dwelling unit reasonably clean
• The tenant does not keep his residence in a safe and clean condition
• The tenant failed in adhering to applicable building and housing codes materially affecting health and safety
• The tenant or his guests has disturbed another tenant’s peaceful enjoyment of their dwelling unit
• The tenant has destroyed deliberately or neglected, defaced or impaired, damaged or removed any part of the leased unit, or permitted any other party to do so.

If the Landlord has failed to refund your security deposit, you should write notify them by writing a demand letter. When writing a security deposit demand letter include the following information:

• The date of the letter
• The landlord’s/Property managers’ full name and address
• The address of the residence and the date you moved in
• A declaration that you had paid the full amount of your rent and that you are current with your payments
• Include a statement that you had issued the Landlord written notice of your move-out
• Give a brief description of the apartment’s condition to the Landlord as of the time you moved out.
• Explain that you have not been refunded your security deposit despite reaching out to the Landlord
• Include an exact amount of the security deposit you’re entitled to
• Your new address
• Demand immediate refund of the security deposit and provide a time limit for doing so
• Inform the Landlord that failure to heed to your request within the stipulated time limit that you shall be left with no other option but to take the matter to small claims court
• Provide your phone number
• Your signature and new address

Details

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About This Article

Authored by:

Bryan Brown

Licensed Attorney - Asset Protection, Business Formation, Contract Drafting, Real Estate, Securities, Tax

Bryan Brown is a seasoned attorney with a particular passion for empowering small businesses and startups. His comprehensive suite of services covers crucial areas like Asset Protection, enabling businesses to shield their pivotal assets, and Business Formation, guiding new enterprises through the foundational stages. Bryan's prowess in Contract Drafting ensures that businesses operate on robust agreements, while his insights into Real Estate, Securities, and Tax matters provide a holistic legal framework for clients. With a reputation for thoroughness and dedication, Bryan Brown stands as an invaluable asset for any business aiming to thrive in the Texas environment.