Sample Letter To Landlord: Improper Deductions or Over-Charges from Security Deposit for Normal Wear And Tear
If your landlord is overcharging you or is claiming improper deductions from your security deposit, use this free sample letter below. Fill in the necessary information regarding the dates of your lease, the property's location, and the amount of money taken before sending this sample letter to your landlord. For more legal help when dealing with landlords and housing contracts, use the free tool below.
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Mary Martin
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Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
UPDATED: Jul 16, 2023
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We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.
UPDATED: Jul 16, 2023
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
[Month XX, 20XX]
[Landlord’s Name]
[Landlord’s Redirect URL]
[City, State ZIP]
Re: Deposit for [Rental Property Redirect URL]
Dear [Landlord]:
On [Month XX, 20XX] I vacated [Rental Property Redirect URL]. Thereafter, on [Month XX, 20XX], I received an itemized list of deductions you claim you are withholding from my security deposit. Included on your list is a $500 deduction for repainting the interior of the house due to dirt on the walls and a $200 deduction for a professional cleaning service to clean the refrigerator and stove.
I moved into the house in [Month Year]. I rented your property for [XX years]; during that time, the interior was never repainted. Normal wear and tear on the interior paint of a house is to be expected. The fading and soiling of the paint is due to normal wear and tear. As such, the cost of repainting is your responsibility. I demand the return of my $500 you have improperly deducted from my deposit for this purpose.
Admittedly, the stove and the refrigerator were not as clean as when I moved into the house. However, $200 is an unreasonable amount to charge to perform light cleaning on two appliances. Per [your State] law, you may only deduct the actual amount paid for cleaning the parts of the house I left dirty. I’d ask that you provide me with a copy of the invoice—including the amount paid and hours spent—tendered by the cleaning company for their services. The actual invoiced amount can be deducted from my deposit, but the balance of the $200 you have withheld should be returned to me, promptly.
If you do not comply with the requests outlined above within 5 days of the date of this letter [or the date required by your state law, if that is later] I will be left with no choice but to take the matter to small claims court.
Best Regards,
[Your Name]
Case Studies: Improper Deductions From Security Deposit for Normal Wear and Tear
Case Study 1: Normal Wear and Tear
In this case, John, a tenant, received an itemized list of deductions from his security deposit, which included a $500 charge for repainting the interior of the house due to dirt on the walls and a $200 deduction for a professional cleaning service for the refrigerator and stove. John disputed these deductions, stating that normal wear and tear on the interior paint is expected, and the cost of repainting should be the landlord’s responsibility.
Additionally, he believed the cleaning fee for the appliances was unreasonable. John sent a letter to his landlord demanding the return of the $500 deducted for repainting and requested an invoice from the cleaning company to justify the $200 deduction. If the landlord failed to comply within the specified timeframe, John intended to pursue legal action.
Case Study 2: Unreasonable Cleaning Fee
In this scenario, Sarah, a tenant, received an itemized deduction list from her landlord, which included a $300 charge for a professional cleaning service. Sarah disputed the deduction, arguing that the cleaning fee was unreasonable for the light cleaning required.
She requested a copy of the invoice from the cleaning company, stating that only the actual invoiced amount should be deducted from her deposit. Sarah sent a letter to her landlord demanding the prompt return of the excessive deduction and indicated her intention to pursue the matter in small claims court if the landlord failed to comply.
Case Study 3: Challenging Repainting Charges
In this case, David, a tenant, discovered that his landlord had deducted $400 from his security deposit for repainting the interior of the house. David disagreed with the deduction, claiming that normal wear and tear caused the need for repainting and that it was the landlord’s responsibility. He sent a letter to his landlord, challenging the deduction and demanding the return of the $400. David made it clear that he would pursue legal action if the landlord failed to refund the improper deduction within the specified timeframe.
Find the right lawyer for your legal issue.
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Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.