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Security deposit demand letter · California

Get your California security deposit back.

A demand letter citing California law, with your landlord's deadline and the penalty for missing it. See it free, then we send it by USPS Certified Mail from our office, not your apartment.

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  • Statutes checked against the official text, October 2026
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Sample letter · California

Maria Lopez
88 Linden St
Apt 3
Oakland, CA 94610
October 12, 2026
Oakwood Property Management
500 Commerce Blvd
Suite 210
Oakland, CA 94610

Sent by USPS Certified Mail

Re: Demand for return of security deposit: 418 Grand Ave, Apt 2B, Oakland, CA 94610

Dear Oakwood Property Management:

I rented 418 Grand Ave, Apt 2B, Oakland, CA 94610 from you until I moved out on August 15, 2026. I paid a security deposit of $1,650.

When I moved out, I returned the keys and left the apartment clean, and I photographed every room. I gave you my forwarding address in writing the same day. Since then I have asked about my deposit twice by e-mail, on September 3 and September 17, and have not received a reply, the deposit, or any statement of deductions.

California Civil Code § 1950.5(h) required you to return my deposit, or send me an itemized statement of deductions with any remaining balance, within 21 days after I moved out, which was by September 5, 2026. I have not received an itemized statement. Under § 1950.5(b) and (e), a landlord may keep only what is reasonably necessary for unpaid rent, cleaning to return the unit to its move-in condition, and repair of damage beyond ordinary wear and tear. Under § 1950.5(m), keeping a deposit in bad faith may subject a landlord to statutory damages of up to twice the amount of the deposit, in addition to actual damages.

I ask that you pay me the $1,650 still owed no later than October 26, 2026, by check payable to Maria Lopez and mailed to the address at the top of this letter.

If I do not receive payment by then, I am prepared to file a claim in small claims court to recover my deposit, any damages allowed by Civ. Code § 1950.5, and court costs.

I would prefer to resolve this without going to court. Please keep this letter for your records.

Sincerely,

Maria Lopez

Why people trust it

Most tools tell you you're right. We tell you where your case is weak, before you pay.

Didn't give a forwarding address? Owe some rent? No move-out photos? You'll see it in your case check, with what to do about it. The law in every letter comes from a statute table we check by hand, never from an AI guess, and every sentence the AI writes about your story is checked against your own answers before you see it.

Got a list of deductions?

Not every deduction is legal.

Deposit laws let a landlord keep money for real costs, not for getting the unit ready for the next tenant. In California, once repairs and cleaning add up to more than $125, the list has to come with the receipts or invoices. Your letter disputes each charge that doesn't hold up.

Usually allowed

  • Rent you actually owe
  • Damage beyond normal wear and tear, at a reasonable cost
  • Cleaning to get the unit back to move-in condition

Usually not allowed

  • Repainting after an ordinary tenancy
  • Carpet worn out by normal use or age
  • A few small nail holes and scuffs
  • Damage that was there before you moved in

General rules. Your case check applies California's statute to your own charges.

How it works

From your answers to a letter in your landlord's mailbox.

  1. 01

    Answer a few questions

    About eight plain questions: the deposit, the dates, what your landlord has said. About three minutes. If something important is missing, we'll ask one or two follow-ups.

  2. 02

    See your case and your letter, free

    You get an honest read on your case, including its weak spots, plus your letter with your landlord's legal deadline and your state's law cited. You pay only if you want the full letter.

  3. 03

    Unlock it, read it, send it

    Unlock your full letter for $19.99 and read every word. Then we print it and send it by USPS Certified Mail from our business address for $20 more, so it doesn't look like another note from a former tenant. Or mail it yourself.

If they don't pay

The letter is the first step. We stay with you until you're paid.

  1. Day 1

    Your letter goes out

    By USPS Certified Mail from our business address, harder to set aside than an envelope from a former tenant. Tracking on your case page.

  2. Until the payment date

    We count down with you

    Your case page shows the days left. Tell us when they pay, or when they don't.

  3. Date passes

    A free final notice

    If the landlord misses the date, we prepare a final notice for you at no charge.

  4. Still nothing

    Small claims, step by step

    For California: which court to file in, the claim limit and what to bring. Your letter and mail receipt are your paper trail.

California law

Landlords have a deadline. Missing it has consequences.

The deadline
Within 21 calendar days after a tenant moves out, the landlord must return the deposit or send an itemized statement of deductions with the remaining balance (Civ. Code § 1950.5(h)).
If it's missed
Missing the deadline doesn't automatically cost a California landlord the deposit, but it is one of the facts a court weighs when deciding whether the landlord acted in bad faith.
The penalty
If a court finds the landlord kept the deposit in bad faith, it may award statutory damages of up to twice the amount of the deposit, in addition to actual damages (Civ. Code § 1950.5(m)).
Small claims
Small Claims Court (Superior Court of California), generally up to $12,500.

Source: California Civil Code § 1950.5. Checked against the official text in October 2026.

Your options

Three ways to ask for your money back.

Instant Legal LettersWrite it yourselfHire a lawyer
Cites your state's statute and deadlineYes, checked by handIf you look it upYes
Honest read on your weak spotsYes, before you payNoYes
Sent by Certified Mail from a business addressYes, $20From your apartmentLaw firm letterhead
Final notice if they miss the dateIncludedWrite anotherBilled again
ReadyTodayHours of researchDays to weeks
Cost$39.99, oncePostageUsually hundreds of dollars an hour

Your full letter

$19.99

Read every word before anything is sent.

Want us to mail it? +$20, certified postage included.

Not satisfied? Full refund within 7 days. If anything in your letter is wrong, we fix it free.

  • Your letter, citing your state's statuteWith your landlord's deadline, the amount owed and the penalty the law allows, written from your answers.
  • An honest case checkStrengths, weak spots and the evidence to gather, so you go in knowing where you stand.
  • Your case fileThe questions a small claims judge works through in a deposit case, answered from your facts, and what to do if your landlord pays, pays part, disputes or ignores you.
  • Printed and sent by USPS Certified MailMailed within one business day from our business address, with the tracking number on your case page.
  • We follow up until you're paidYour case page counts down to the payment date. If it passes, a free final notice, then small claims steps for your state.

Questions

Before you start

Is this legal advice?

No. Instant Legal Letters is a self-help document service, not a law firm. The law in your letter comes from a statute table we check by hand; the paragraphs about what happened are written with AI from your answers, and AI can make mistakes. You read and approve every word before anything is mailed, and we strongly recommend having a licensed attorney review your letter before you send it.

Will a letter actually get my deposit back?

It can, and there's no guarantee. A formal letter that cites the statute and the penalty, sent by Certified Mail, tells a landlord you know the rules and are keeping a record. If they still don't pay, the letter is the paper trail a small claims judge will want to see.

What if my landlord ignores it?

Your case page counts down to the payment date. If it passes, we prepare a free final notice and show you the small claims steps for your state: which court to file in, the claim limit, and what to bring.

Why Certified Mail?

It gives you a dated USPS record that the letter was sent, and lets you track delivery. That matters if you ever need to show a court you asked first.

Why let you mail it instead of mailing it myself?

When we mail it, it arrives by Certified Mail from our business address instead of an envelope with your name on it, which a landlord is more likely to set aside unopened. The letter inside is still from you, signed with your name. And you skip the post office line.

What if I don't live in California anymore?

That's fine. What matters is where the rental is. Your letter cites California law because the apartment is in California, and we mail it wherever your landlord is.

What does it cost?

The preview is free. Unlocking your full letter is $19.99, once. After you've read it, we can print it and send it by USPS Certified Mail for $20 more ($39.99 in total), or you can mail it yourself. Full refund within 7 days if you're not satisfied.

It's your money. Ask for it in writing.

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