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Generally, ordinary or normal wear and tear is the unavoidable deterioration of a unit resulting from normal use by the tenant. A repair issue warranting a deduction is typically damage that was avoidable and negligent, and not due to simply living in or using the property.
In order to get your security deposit back if the landlord hasnt returned it, you need to write a demand letter. Include the information below and send the letter by certified mail with a return receipt requested. In some cases, you may need to acknowledge that there is some damage to the unit.
Frequently Asked Questions (FAQ) Type your letter. Concisely review the main facts. Be polite. Write with your goal in mind. Ask for exactly what you want. Set a deadline. End the letter by stating you will promptly pursue legal remedies if the other party does not meet your demand. Make and keep copies.
Damage caused by the tenants negligence or carelessness isnt the landlords responsibility. Examples of damage that a Florida landlord has a right to deduct from the tenants security deposit include: Damaged electrical appliances by careless usage. Broken bed frames, tables, curtain frames, chairs, and so on.
A landlord can only deduct from the deposit for damages. If you move out of a rental property after 10 years, dont allow the landlord to deduct the cost of paint and carpet from your deposit its against California law.
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I will not be returning your security deposit for the premises located at [address of the property]. I am keeping the security deposit to cover the following: [Include an itemized list with the amount(s) you are withholding. (Example: Failure to pay last months rent$X.)
Your security deposit demand letter should include the following information: Your landlords name and address. Your lease date. The address and unit number of the rental in question. The state law regarding security deposits. Your reason for requesting that your deposit be returned.
Be polite, concise and specific about what you want and what your next step will be if the problem is not resolved. For example, if it is a debt settlement, include the amount owed and the date it was due. If you are willing to accept a lower amount in settlement, say so. If not, make that clear as well.
Typically these disputes arise when a landlord refuses to return any portion of the security deposit or when the landlord and tenant dispute the application of the security deposit to claimed damage to the leased property.
I am writing this letter to request you to kindly refund the security deposit that you had taken for the apartment located at B 403, Ridhi Sidhi Apartments, Sarojini Nagar, New Delhi. I had paid an amount of Rs. 50,000 as security deposit for the flat on March 2nd, 2022.

security deposit dispute letter california