Security Deposit Demand Letter
Form: Security Deposit Demand Letter
[Download this form as a .doc (Word) file]
2500 Bancroft Way
Berkeley, CA 94720
June 30, 2012
1234 University Ave.
Berkeley, CA 94704
Dear Ms. Landlord,
I am writing with regard to the security deposit I made for my lease of Apartment #39 at 321 Telegraph Avenue. As you are aware, I lived there until May 31, 2012, and paid my rent in full through the end of my occupancy. I conducted a walk-through of the apartment with [you]/[the property manager] before moving out, and [nothing]/[I repaired every item that] was highlighted as necessary for the full return of my deposit. I also cleaned the apartment before vacating, and left it in the same condition it was when I moved in.
I have not yet received the refund of my [$1,000] security deposit or an itemized statement from you documenting any deductions from the security deposit, as required by California Civil Code Section 1950.5. [OR: I dispute the following deductions that were itemized when you returned a portion of my deposit: (list disputed deductions and reason for dispute).]
Since I am entitled to the return of [my entire]/[the deducted portion of my] security deposit, please be advised that if I do not receive a full refund of that deposit within one week, I will consider the retention of the deposit to be in “bad faith” under the Civil Code. [NOTE: a claim of bad faith can only be made if the landlord fails to return the deposit within 21 days of the end of the tenancy.] This entitles me to sue you for both the [$1,000] deposit and an additional amount equal to twice the security deposit.
If I do not hear from you on or before _________, I will file an action against you in Alameda County Small Claims Court without further notice. It is in your best interest to settle this matter before a lawsuit is filed. If a judgment is obtained against you, it will negatively affect your ability to get credit, you will be ordered to pay court costs, and you will incur interest at a rate of 10% per annum. This letter will document that I have attempted to resolve this matter informally.
I look forward to the prompt return of my deposit, which should be sent to my new address: 2500 Bancroft Way, Berkeley, CA 94720.
Thank you for your cooperation.
cc: [Property Management Company]