A Not Refunding Security Deposit Letter is sent by a landlord to a tenant informing them their security deposit is not being returned due to deductions equaling or exceeding the security deposit. This letter also provides itemized information for any deductions made and a request for payment if the deductions exceed the deposit amount. Note: Some states require a landlord to provide this letter before withholding a tenant’s security deposit.
This letter will provide details on why a tenant’s security deposit was not returned and should include the following:
Any documentation that will support this letter should be included. For example, you can provide a copy of the inspection that was performed, pictures that highlight any damages, invoices for repairs, or proof of unpaid rent and fees with a copy of the landlord’s rent ledger .
If a landlord is not returning a tenant’s security deposit, this letter should be sent by their state’s deadline for returning a security deposit. See the chart below for every state’s requirements for returning a tenant’s security deposit.
State | Time to Return Security Deposit |
Alabama | 60 days |
Alaska | 14 days with proper notice, 30 days without proper notice, or if the landlord is deducting any amount from the security deposit |
Arizona | 14 days |
Arkansas | 60 days |
California | 21 days |
Colorado | 1 month unless a longer period is provided in the lease agreement (no more than 60 days) |
Connecticut | 30 days, or within 15 days of receiving the tenant’s forwarding address (whichever is later) |
Delaware | 20 days |
Florida | 15-60 days (depending on whether the tenant disputes any deductions) |
Georgia | 30 days |
Hawaii | 14 days |
Idaho | 21 days |
Illinois | 7 days |
Indiana | 30-45 days (depending on whether the tenant disputes any deductions or if the landlord provided any statements or receipts) |
Iowa | 30 days |
Kansas | 30 days |
Kentucky | 30-60 days (depending on whether the tenant disputes any deductions) |
Louisiana | 1 month |
Maine | 30 days for a written agreement and 21 days for tenancy at will |
Maryland | 45 days |
Massachusetts | 30 days |
Michigan | 30 days |
Minnesota | 21 days |
Mississippi | 45 days |
Missouri | 30 days |
Montana | 10 days (30 days if there are deductions) |
Nebraska | 14 days |
Nevada | 30 days |
New Hampshire | 30 days |
New Jersey | 30 days |
New Mexico | 30 days |
New York | 14 days |
North Carolina | 30 days |
North Dakota | 30 days |
Ohio | 30 days |
Oklahoma | 45 days |
Oregon | 31 days |
Pennsylvania | 30 days |
Rhode Island | 20 days |
South Carolina | 30 days |
South Dakota | 14 days (45 days for an itemized accounting if requested by the tenant) |
Tennessee | No statute |
Texas | 30 days |
Utah | 30 days |
Vermont | 14 days |
Virginia | 45 days |
Washington | 21 days |
Washington D.C. | 45 days |
West Virginia | 60 days, or within 45 days of the occupancy of a new tenant (whichever is shorter). The deadline can be extended by 15 days if damage exceeds the amount of the security deposit and the landlord has to hire a contractor to fix it |
Wisconsin | 21 days |
Wyoming | 30 days (additional 30 days allowed if there are deductions due to damage) |
This letter should be delivered in a way that requires signature confirmation when received, such as certified mail. Even better if it is sent by restricted certified mail which requires the tenant to be the only person that can sign for the letter.
The letter should be sent to the tenant’s forwarding address. If none was provided, it is advised to send it to their last known address and via email to ensure receipt. A copy of this letter should be filed with a notation of the means used to deliver the letter and any other relevant information.
There are several reasons a landlord can deduct a tenant’s security deposit. Most lease agreements will provide those specific reasons. When a lease term ends it’s important to conduct a final inspection and make sure all required payments have been made. Reasons a landlord can deduct from a security deposit include:
If a landlord has deductions that are less than the total security deposit, a landlord should detail this in a Security Deposit Return Letter.
Security Deposit Return Letter
Week-to-Week Rental Agreement
Increase/Decrease Rent Amendment
Disability Accommodation Request Letter
New Property Manager Introduction Letter
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