A “Sample Letter To Tenant Withholding Security Deposit” is a letter. Landlords use this letter. They send it to tenants. It explains why they are not returning the full security deposit. This happens when a tenant moves out. The landlord finds damages or unpaid rent. This letter is a formal notice. It details deductions from the deposit.
We know writing letters can be hard. Especially when it involves money. That’s why we’re here. We’ll share templates of this letter. You can easily customize them. Make them fit your specific situation.
Think of these samples as your starting point. Need to explain excessive wear and tear? Want to outline unpaid rent? Our templates will help you communicate clearly. They’ll also help you professionally. Let’s dive in!
Sample Letter To Tenant Withholding Security Deposit
[Your Name]
[Your Address]
[Your Phone Number]
[Your Email Address]
[Date]
[Tenant’s Name]
[Tenant’s Address]
Dear [Tenant’s Name],
This letter concerns the security deposit for the property located at [Property Address], which you rented from [Start Date] to [End Date].
Upon your departure and after conducting a thorough inspection of the premises, we have identified certain damages and outstanding charges that necessitate withholding a portion of or the entire security deposit.
The following deductions have been made:
[Detailed list of damages and associated costs. Be specific. For example:
- Damage to living room wall requiring patching and painting: $150.00
- Unpaid utilities (water bill): $75.00
- Carpet cleaning due to excessive staining: $100.00]
The total amount deducted from your security deposit is [Total Deduction Amount].
[If a portion of the deposit is being returned:] A check for the remaining balance of [Amount Being Returned] is enclosed with this letter.
[If the entire deposit is being withheld:] As the total cost of repairs exceeds the amount of your security deposit, no funds are being returned.
We have enclosed copies of [Supporting documentation such as receipts, invoices, and photos of damages].
If you have any questions or disagree with these deductions, please contact us within [Number] days of receiving this letter. We can be reached at [Your Phone Number] or [Your Email Address].
Sincerely,
[Your Name]
How to Write Sample Letter To Tenant Withholding Security Deposit
Subject Line: Clarity is Key
- Begin with a concise yet informative subject line. For instance: “Regarding Security Deposit for [Address] – [Tenant Name]” or “Security Deposit Deduction Notice – [Address]”.
- Avoid ambiguity. The tenant should immediately understand the letter’s purport.
Salutation: Professional Courtesies
- Initiate with a formal salutation. Steer clear of overly casual greetings. “Dear [Tenant Name]” is perpetually appropriate.
- If addressing multiple tenants, “Dear [Tenant Name 1] and [Tenant Name 2]” is preferable to a generic “To Whom It May Concern”.
Body: Itemize Deductions with Precision
- Commence by acknowledging their tenancy and the return (or partial return) of the security deposit. Example: “This letter pertains to the security deposit for the property located at [Address], which you occupied from [Start Date] to [End Date].”
- Meticulously itemize each deduction. Provide a succinct explanation for each. For example:
- “Repair of damaged bathroom tile: $75.00 (Damage exceeded normal wear and tear).”
- “Unpaid rent for the month of [Month]: $500.00.”
- “Professional cleaning services necessitated by excessive dirtiness: $150.00.”
- Include copies of invoices or receipts substantiating the deductions. This bolsters your claim and preempts potential disputes.
- Calculate the remaining balance (if any) and clearly state the amount being returned.
Body: Articulating ‘Normal Wear and Tear’
- Clarify the distinction between ‘normal wear and tear’ and actual damage. While definitions can be nebulous, provide context relevant to your specific deductions.
- Normal wear and tear encompasses the gradual deterioration resulting from intended use. Damage, conversely, is caused by negligence or abuse.
- Example: “Please note that deductions are exclusively for damage beyond ordinary wear and tear. We have not charged for minor scuffs or paint fading.”
Body: The Legal Cadence
- Reference relevant clauses from the lease agreement that authorize deductions for damages or unpaid rent.
- This reinforces the legitimacy of your actions and signals your familiarity with the legal framework governing the tenancy. For example: “As per section [Section Number] of the lease agreement, the landlord is entitled to deduct costs associated with property damage exceeding normal wear and tear.”
Remittance Details: How and When
- Specify how the remaining security deposit (if any) will be remitted. Will it be a check, electronic transfer, etc.?
- Indicate the timeframe within which the tenant can expect to receive the funds. Adhere to state and local regulations regarding security deposit returns.
- Example: “The remaining balance of $[Amount] will be mailed to your forwarding address ([Forwarding Address]) via check within [Number] days.”
Closing: Maintain Amity
- Conclude with a professional and courteous closing. Avoid accusatory language or inflammatory remarks.
- Offer to answer any questions the tenant may have regarding the deductions.
- Examples:
- “Sincerely,”
- “Best regards,”
- Include your name, title (if applicable), and contact information.
Frequently Asked Questions: Withholding Security Deposit Letter
Understanding the nuances of security deposit withholdings is crucial for landlords. This FAQ addresses common concerns regarding the sample letter used to inform tenants about deductions from their security deposit.
What should be included in a letter to a tenant withholding their security deposit?
The letter must specify the exact reasons for withholding any portion of the security deposit, including a detailed description of damages or unpaid rent. It should also include an itemized list of associated costs and any remaining balance being returned.
What happens if I don’t provide an itemized list?
Failure to provide an itemized list of deductions may result in legal repercussions. Tenants have the right to dispute withholdings if they are not clearly explained and documented.
How long do I have to send the letter and remaining security deposit?
The timeframe for returning the security deposit and providing the letter varies by state law. It is crucial to comply with local regulations to avoid penalties, typically ranging from 14 to 60 days.
Can I withhold for normal wear and tear?
No, landlords cannot withhold security deposit funds for normal wear and tear. Withholdings are permissible only for damages beyond normal wear and tear, unpaid rent, or other breaches of the lease agreement.
What if the damages exceed the security deposit amount?
If the cost of damages exceeds the security deposit, you can pursue legal action to recover the remaining balance. Proper documentation and evidence of the damages are essential for a successful claim.
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