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Security Deposit Demand Letter

Form: Security Deposit Demand Letter

[Download this form as a .doc (Word) file] 


Oski Bear
2500 Bancroft Way
Berkeley, CA 94720

 

 

June 30, 2012

 

Jane Landlord
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.

 

Sincerely,

____________________________
Oski Bear

 

 

 

cc:  [Property Management Company]