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Small Claims Demand Letter for an Unreturned Security Deposit
Before you file in small claims court, many courts require or recommend that you ask for payment in writing first. A dated demand letter does that. It also gives your landlord a last clear chance to pay, and gives the judge a record that you asked.
DepositLetter is not a law firm and does not give legal advice. Letters are templates based on the information you provide. Laws change and local rules may differ; check the official source linked on each state page or talk to a licensed attorney or local tenant organization.
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What a small claims demand letter is
It is a short, factual letter sent after move-out. It says how much you are owed, why, and the date by which you expect payment. If you have to file, you can show the court the letter and proof it was delivered. Our demand letter generator guide covers the general structure.
What to include
- Amount: the deposit paid, what was returned, and the balance you demand.
- Statute: your state’s deposit rule, if you can verify it (see the state pages).
- Deadline: the landlord’s legal return date, and whether it has passed.
- Date to pay by: a specific calendar date, such as ten days after you send the letter.
- How to pay: a check mailed to your forwarding address, or another method you accept.
- Intent to file: a calm sentence saying you will file in small claims court if payment does not arrive. No threats beyond that.
How to send it
- Print and sign two copies. Keep one.
- Send the other by certified mail with return receipt to the landlord’s address on your lease.
- Keep the receipt, the tracking number, and the returned green card. Write the pay-by date on your calendar.
- Add the letter, receipt, lease, deposit proof and move-out photos to one folder.
Small claims next steps by state
These summaries use only the facts on our state pages plus the official court or library page cited in each block. Where we could not verify a court limit, fee or venue from an official source, we leave it out. Check your local court’s website for current limits, fees and where to file. We do not claim a demand letter is mandatory in any state.
California
- Deposit deadline: 21 days (Cal. Civ. Code § 1950.5). Your demand letter can point to this deadline once it has passed.
- Your step: Give the landlord your forwarding address in writing.
- Court: The California Courts self-help site says you can generally sue for up to $12,500 in small claims court and that the filing fee is between $30 and $100.
Sources:
https://selfhelp.courts.ca.gov/guide-security-deposits-california
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1950.5
https://selfhelp.courts.ca.gov/small-claims-california
Texas
- Deposit deadline: 30 days (Tex. Prop. Code §§ 92.103, 92.104, 92.107, 92.109). Your demand letter can point to this deadline once it has passed.
- Remedies in the statute: A landlord who in bad faith retains a deposit is liable for $100, three times the portion wrongfully withheld, and reasonable attorney's fees. Failing to refund or itemize within 30 days after surrender is presumed bad faith (§ 92.109).
- Your step: Give a written forwarding address (§ 92.107).
- Court: The Texas State Law Library says that when less than $20,000 is involved, a tenant can sue in justice court.
Sources:
https://guides.sll.texas.gov/landlord-tenant-law/security-deposits
https://www.texasattorneygeneral.gov/consumer-protection/home-real-estate-and-travel/renters-rights
https://statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm
Florida
- Deposit deadline: 15 days (Fla. Stat. § 83.49(3)). Your demand letter can point to this deadline once it has passed.
- Remedies in the statute: In a court action over the deposit, the prevailing party recovers court costs plus a reasonable attorney's fee (§ 83.49(3)(c)).
- Your step: Give the landlord your new address; if you receive a notice of claim, object in writing within 15 days.
New York
- Deposit deadline: 14 days (N.Y. Gen. Oblig. Law § 7-108(1-a)). Your demand letter can point to this deadline once it has passed.
- Remedies in the statute: A landlord is liable for actual damages; a willful violation can bring punitive damages of up to twice the deposit (§ 7-108(1-a)(g)). The landlord bears the burden of proving deductions were reasonable.
- Your step: Request a pre-move-out inspection if offered; give a forwarding address.
Pennsylvania
- Deposit deadline: 30 days (68 P.S. § 250.512 (Landlord and Tenant Act of 1951, § 512)). Your demand letter can point to this deadline once it has passed.
- Remedies in the statute: Failure to pay within 30 days makes the landlord liable for double the amount by which the deposit exceeds actual damages (§ 512(c)).
- Your step: You must give the landlord your new address in writing when you leave, or the landlord is relieved of liability under this section (§ 512(e)).
Sources:
https://www.legis.state.pa.us/WU01/LI/LI/US/HTM/1951/0/0020.005.000.012.000..HTM
Illinois
- Deposit deadline: 30 days (765 ILCS 710/1 (Security Deposit Return Act)). Your demand letter can point to this deadline once it has passed.
- Remedies in the statute: If a court finds the landlord refused to supply the statement or supplied it in bad faith and failed to return the deposit in time, the landlord is liable for twice the deposit due plus court costs and reasonable attorney's fees.
- Your step: Provide a mailing or e-mail address; local ordinances (e.g. Chicago) may add stricter rules.
Sources:
https://www.ilga.gov/Documents/legislation/ilcs/documents/076507100K1.htm
Ohio
- Deposit deadline: 30 days (Ohio Rev. Code § 5321.16(B)). Your demand letter can point to this deadline once it has passed.
- Remedies in the statute: If the landlord fails to comply, the tenant may recover the money due plus damages equal to the amount wrongfully withheld and reasonable attorney's fees (§ 5321.16(C)).
- Your step: Give the landlord a forwarding address in writing, or you lose the right to the extra damages and attorney's fees.
Sources:
https://codes.ohio.gov/ohio-revised-code/section-5321.16
Georgia
- Deposit deadline: 30 days (O.C.G.A. §§ 44-7-34, 44-7-35). Your demand letter can point to this deadline once it has passed.
- Remedies in the statute: A landlord who fails to return any part that must be returned is liable for three times the sum improperly withheld plus reasonable attorney's fees, unless the withholding was an unintentional bona fide error (§ 44-7-35(c)). The Georgia DCA handbook notes treble damages apply to landlords who own more than ten units or use a management agent.
- Your step: Review and dispute items on the move-out inspection list in writing.
Sources:
https://dca.georgia.gov/document/manuals/georgia-landlord-tenant-handbook-english/download
https://consumered.georgia.gov/ask-ed/2017-04-19/apartment-move-out-inspection-and-security-deposit-refund-requirements
North Carolina
- Deposit deadline: 30 days (N.C. Gen. Stat. § 42-52). Your demand letter can point to this deadline once it has passed.
- Your step: Give the landlord your new address.
Sources:
https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_42/GS_42-52.html
Michigan
- Deposit deadline: 30 days (MCL §§ 554.609, 554.611, 554.613). Your demand letter can point to this deadline once it has passed.
- Remedies in the statute: A landlord who does not comply with § 554.613 waives the claimed damages and is liable for double the amount of the deposit retained.
- Your step: Within 4 days after moving out, notify the landlord in writing of your forwarding address (§ 554.611); answer any notice of damages by mail within 7 days.
Sources:
https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-554-609
https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-554-611
https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-554-613
Last checked: October 20, 2026
Landlord not responding? Read what to do after your deadline passes.
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FAQ
What is a small claims demand letter?
It is a written request, sent before you file, asking the other side to pay a specific amount by a specific date. For a security deposit, it states what you are owed, the law behind it, and when you will file in small claims court if payment does not arrive.
Is a demand letter required before small claims court?
Rules differ by court. Many courts require or recommend that you ask for payment in writing first, and judges often ask whether you did. Check your own court’s self-help page for the current rule.
What deadline should I give the landlord?
Ten days is a common choice, and the generator defaults to it. Pick a date that is realistic, put it in the letter, and keep to it.
Should I send the letter by certified mail?
Certified mail with return receipt gives you dated proof of delivery. Keep a copy of the letter and the receipt for court.
What if the landlord does not respond?
See what to do if your landlord ignores your demand letter. It covers evidence and next steps once your deadline has passed.
Is this legal advice?
DepositLetter is not a law firm and does not give legal advice. Letters are templates based on the information you provide. Laws change and local rules may differ; check the official source linked on each state page or talk to a licensed attorney or local tenant organization.