Security Deposit Letters

A security rental deposit is a payment made to the property owner of a piece of real estate by a tenant who is moving into the property. The security deposit will provide the property owner with a guarantee that the tenant will continue to send in monthly rent payments to the owner when they are due. The security deposit can be used by the landlord for repair costs caused by the tenant or the cleaning of the property if the tenant did not clean prior to moving out. Sometimes, this deposit is reverted to as a cleaning deposit. Once the tenant moves out, the landlord has 21 days to process the security deposit refund and depending on circumstance, issue a security deposit refund letter in order to send the tenant written notice that they had to use the deposit for repairs. If a tenant does not receive written notice and has not had their deposit returned to them within 21 days they should draft a security deposit demand letter.

Step 1: Research Your State’s Refund Laws

Before drafting the letter the tenant should research the laws governing their state when it comes to having security deposits returned to the tenant. Most states require landlords to return the deposit, in part or in whole, no later than 30 days following the last day the tenant was in the property. The tenant should also make sure that they have provided the landlord with a forwarding address. If no forwarding address is provided to the landlord then the landlord is not required to return the deposit or provide a written explanation of fees.

Step 2: Contact the Landlord

It never hurts to contact the landlord prior to drafting a security deposit demand letter. The landlord might be backed up with paperwork and might be getting ready to mail out the deposit within the week. Check in with the landlord first to make sure that you should continue with the letter.

Step 3: Draft the Letter

After speaking with the landlord, the tenant should begin to draft the letter. Make sure that the name of the landlord is placed in bold letters at the top of the letter. The tenant should then make sure to identify themselves and how long they lived at the property in question. Identify the state statute that allows the tenant to take legal action against the landlord for the return of the deposit at the bottom of the letter.

Step 4: Include Terms of Lease

The tenant should also include terms of the lease he or she signed with the landlord at the bottom of the letter. The terms of the lease provided by the tenant in the letter will show the landlord that you read the contract and followed the rules.

Step 5: Send Letter via Certified Mail

The security deposit demand letter should be sent via certified mail to make sure that it reaches its destination without any problems. If the letter is sent via snail mail then it might not reach the intended recipient and the tenant might not hear a response from the landlord.

Legal Help

When drafting a security deposit demand letter the tenant should enlist the help of a real estate attorney to draft the letter and make sure it reaches its destination successfully.

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