Security Deposit Withholding Notice

A Security Deposit Withholding Notice is a formal letter that a landlord uses to inform a tenant of any deduction of the security deposit.

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A lease agreement almost always requires the tenant to put up a security deposit against property damage or nonpayment of rent. If everything is in order after the tenancy, the landlord must return the security deposit to the tenant in full.

If there are damages to be covered, a landlord can deduct the sum from the security deposit up to the full amount. In that case, the landlord will send a Security Deposit Withholding Notice to inform the tenant.

What Is a Security Deposit Withholding Notice?

The Security Deposit Withholding Notice is a letter informing a tenant of a landlord's decision to deduct the security deposit up to the full amount.

Landlords can affect security deposit withholding for several valid reasons. The tenant may have broken the lease agreement or left without paying the last month's rent. Repair and unreasonable cleaning costs can also be deducted from the deposit, as well as unpaid utilities.

Other Names for Security Deposit Withholding Notice

Depending on your state, a Security Deposit Withholding Notice may also be known as:

  • Letter to Withhold Security Deposit
  • Letter to Tenant for Damages
  • Security Deposit Deduction Notice
  • Disposition of Security Deposit
  • Itemized Security Deposit Deduction Form

Who Needs a Security Deposit Withholding Notice?

When a tenant leaves a rental property, it is standard procedure for the landlord to inspect the premises to see if everything is in order. If not, the landlord could use a Security Deposit Withholding Notice to inform the tenant to withhold part or all of the deposit.

Why Use 360 Legal Forms for Your Security Deposit Withholding Notice?

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How to Create a Security Deposit Withholding Notice With 360 Legal Forms

As a landlord, you might run into a need to generate a Security Deposit Withholding Notice. You have to worry about itemizing all the damaged items and the attendant costs.

Let 360 Legal Forms help with our extensive library of attorney-vetted legal forms. The process is fast and easy. All you have to do is fill out our easy-to-understand questionnaire. Once complete, simply download your form as a PDF or Word document from your secure online account.

What Information Will I Need to Create My Security Deposit Withholding Notice?

To create your document, please provide:

  • Landlord Information: The legal name and contact details of the landlord.
  • Tenant Information: The legal name and contact information of the tenant.
  • Property Location: The address of the rental property.
  • Date: The date when the notice is to be sent.
  • Lease Agreement Information: Details about the lease agreement, such as the beginning and end dates.
  • Deductions: An itemized list of damages and markdowns.
  • Method of Delivery: How the landlord plans to deliver the notice to the tenant.
  • Signature: The landlord needs to sign the statement.

Security Deposit Withholding Notice Terms

  • Security Deposit: A sum of money given to a landlord as security against nonpayment of rent or property damage, the unused part of which is to be returned to the tenant at the end of the lease agreement.
  • Tenancy: The state of a rental space being tenanted.
  • Tenant: In the context of a Security Deposit Withholding Notice, this is the tenant whose security deposit is being withheld.
  • Landlord: In the context of a Security Deposit Withholding Notice, the landlord sends the notice.
  • Residential Property: A building zoned for non-commercial occupancy.
  • Lease Agreement: A contract between the landlord and the tenant for the right to use and occupy a real property.
  • Subleasing: Subsequent leasing to a subtenant on the part of a tenant.
  • Deduction: In the context of a Security Deposit Withholding Notice, this is a subtraction in the deposit balance that may be returned to a tenant.

Security Deposit Withholding Notice Signing Requirements

To be enforceable, a Security Deposit Withholding Notice only requires the signature of the landlord. This document also does not need notarization or a witness to be valid.

What to Do With Your Security Deposit Withholding Notice?

After generating your Security Deposit Withholding Notice on 360 Legal Forms, print out a copy and ensure that the tenant receives it in due time. You can hand over the notice in person or use another delivery method, preferably with delivery confirmation.

Frequently Asked Questions

The time period that landlords have for returning a security deposit to a tenant after a tenancy can be anywhere between 14 and 60 days, depending on the state. The only exception is Montana where the period is only 10 days. Within reason, a landlord can use Security Deposit Withhold Notice to inform a tenant that the security will not be returned in part or in full within the period.

Sometimes it can be challenging to assess expected wear and tear or property damage. As a pointer, all jurisdictions consider peeling or fading paint normal wear and tear, but not so much gaping holes in the wall. A rusty shower rod is also considered wear and tear, but not a missing or bent rod.

If property damage is greater than the sum of the security deposit, the landlord has the right to ask for recompense from the ex-tenant. If refused, the landlord can send a demand letter that clearly outlines all of the costs in the tenant’s responsibility for damages done to the property.

There are general practices that most landlords abide by. In most areas of the United States, the security deposit is equivalent to one month's rent. Some landlords may choose to ask for the last month's rent upfront, especially in the bigger cities with high property prices. The law governing the limits of security deposits varies from state to state.

The rent receipt is written evidence that a tenant has paid rent to a landlord. These receipts are essential records in the landlord-tenant relationship. When a tenant pays rent for a specific period, the landlord is to issue a receipt, which can potentially prevent miscommunication or potential disputes in the future. This is an instrumental record for a tenant who pays several months of rent in advance.

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Applicable to all 50 states
Applicable to all 50 states

Our documents are vetted by lawyers and are applicable to all 50 states.