Security Deposit and Short-Term Rental Demand Letters: How to Get Your Money Back from Landlords and Hosts
Few things are more frustrating than moving out of a rental property in pristine condition, only to have your landlord claim you destroyed the place and keep your entire security deposit. Or booking a beautiful Airbnb, leaving it exactly as you found it, and then getting hit with a $500 “damage charge” for a stain that was clearly there when you arrived.
I’ve been helping tenants and guests recover wrongfully withheld deposits for over 13 years as a California-licensed attorney. The good news is that state laws heavily favor tenants in security deposit disputes, with strict deadlines, itemization requirements, and penalty provisions that can force landlords to pay you two or three times your deposit if they violate the rules. For short-term rentals, while the legal landscape is murkier, you still have powerful leverage through platform policies, chargeback rights, and consumer protection laws.
The bad news is that most tenants and guests don’t know their rights, don’t document properly, and wait too long to assert their claims. Landlords and hosts count on this. They know that most people won’t fight over a $1,500 deposit even when they’re clearly entitled to it, especially if the process seems intimidating or time-consuming.
This guide will walk you through everything you need to know about demand letters for security deposit disputes, from understanding your legal rights under state landlord-tenant laws and short-term rental platform policies, to documenting your case, drafting an effective demand letter, and knowing when to escalate to small claims court or other remedies.
The Security Deposit Dispute Landscape: What You’re Up Against
Security deposit disputes fall into two broad categories that require different strategies: traditional residential landlord-tenant situations and the newer world of short-term rental platforms like Airbnb and Vrbo.
Classic Residential Landlord Scenarios
In traditional residential tenancies, security deposit disputes typically arise when you move out and the landlord either fails to return your deposit at all or makes deductions that you believe are improper.
The most common scenario is the landlord who keeps some or all of your deposit claiming “damage” that’s actually just normal wear and tear. They’ll deduct for carpet cleaning when the carpet simply shows the expected wear from your three-year tenancy. They’ll charge you to repaint walls that naturally faded and scuffed over time. They’ll bill you for cleaning that goes beyond what you left behind, essentially using your deposit to upgrade the unit for the next tenant.
Another frequent problem is landlords who simply don’t comply with state law requirements around deposits. Many states require landlords to provide itemized statements of deductions with receipts or estimates, to return deposits within specific timeframes, and to hold deposits in segregated or interest-bearing accounts. Landlords who ignore these requirements expose themselves to significant statutory penalties, but many just hope tenants won’t know their rights.
Property ownership changes create particular problems. When a landlord sells a building or switches property management companies, deposits sometimes get “lost” in the transition. The new owner claims they never received your deposit from the prior owner, the prior owner says they transferred it, and you’re stuck in the middle with no one willing to return your money.
Bad-faith landlords know that most tenants won’t sue over a deposit, especially if they’ve already moved to a new city or state. They systematically keep deposits from every tenant, knowing that even if a few tenants fight back, they still come out ahead financially from all the deposits they wrongfully retain.
Short-Term Rental Platform Complications
Airbnb, Vrbo, and similar platforms created an entirely new category of deposit disputes with different dynamics and legal frameworks.
The typical short-term rental dispute involves a host claiming damage to their property after your stay and either keeping your security deposit or charging your credit card through the platform’s resolution process. The alleged “damage” is often fabricated or exaggerated: a pre-existing stain on a couch, normal cleaning that should be the host’s responsibility, minor scuffs that any occupied home experiences, or damage the host actually caused themselves to collect insurance money.
Platform policies nominally require hosts to provide evidence of damage with photos, receipts, and estimates within tight deadlines. In practice, these requirements are often loosely enforced, and platforms tend to side with hosts to maintain their supply of rental properties. Some hosts have figured out they can systematically file damage claims against guests, and enough of these claims stick that it becomes a profitable side income.
Guests face particular challenges because the “transaction” happened through a platform that controls the dispute resolution process. Unlike a traditional landlord-tenant situation where you have clear state law rights and access to housing court, short-term rental disputes are often governed by the platform’s terms of service, which typically include mandatory arbitration clauses and limit your ability to sue the platform itself.
The amounts involved in short-term rental disputes are often smaller than traditional deposits—$200 to $500 damage claims rather than full month’s rent deposits—which makes fighting them seem not worth the effort. Hosts and platforms count on this calculation keeping guests from challenging even obviously fraudulent charges.
The Stakes: Why Fighting Back Matters
Beyond recovering your specific deposit, there are broader reasons to push back against wrongful retention.
First, landlords and hosts who face no consequences continue the behavior with every subsequent tenant or guest. Your demand letter and potential small claims case might be what finally forces them to comply with the law going forward, protecting future renters.
Second, in many states, statutory penalties mean you can recover significantly more than just your deposit. If your landlord wrongfully withheld your $2,000 deposit and your state allows double or triple damages, you might recover $4,000 to $6,000 plus attorneys’ fees. This changes the economics from “is it worth fighting over $2,000?” to “is it worth passing up a $5,000 recovery?”
Third, your credit and rental history can be affected by unresolved deposit disputes. Some landlords report unpaid balances to credit bureaus or tenant screening services. Short-term rental hosts can leave negative reviews that make it harder to book future stays. Resolving disputes formally protects your reputation and future access to housing.
Understanding Your Legal Rights: State Security Deposit Laws
Security deposit law is almost entirely state-specific, which means the first step in any dispute is understanding what your particular state requires. However, most states follow similar frameworks with variations in details like amounts, deadlines, and penalties.
The Universal Principles Most States Share
Despite state-by-state variations, certain principles appear in virtually all state security deposit statutes.
Security deposits can only be used for specific purposes, typically unpaid rent, repair of damage beyond normal wear and tear, and sometimes cleaning beyond ordinary tenant responsibilities. Landlords cannot use your deposit as a profit center or to fund improvements they would have made anyway between tenants.
The distinction between damage and normal wear and tear is central to almost every dispute. Normal wear and tear means the expected deterioration that occurs from ordinary use over time: carpet wearing thin in high-traffic areas, paint fading or showing minor scuffs, appliance wear consistent with normal use, small nail holes from hanging pictures. Damage means destruction, defacement, or neglect beyond normal use: large holes punched in walls, carpet stains from pet accidents or spills, broken appliances from misuse, burns on countertops.
Most states require landlords to return deposits within a specific timeframe after you move out, typically ranging from 14 to 60 days depending on the state. This deadline is strict, and missing it often results in forfeiture of the right to make any deductions, even legitimate ones.
Itemization requirements are nearly universal. Landlords must provide a written statement detailing each deduction: what was damaged, how much the repair cost, and often receipts or estimates documenting the charges. Vague statements like “cleaning and repairs: $800” don’t satisfy statutory requirements in most jurisdictions.
States commonly provide penalties for landlord violations. If a landlord wrongfully withholds your deposit or fails to comply with statutory requirements, you can often recover not just the deposit but also statutory damages (commonly one to three times the deposit amount) plus attorneys’ fees and court costs. These penalty provisions are designed to encourage compliance and make it economically viable for tenants to enforce their rights.
California’s Security Deposit Framework as a Model
California’s security deposit law, found primarily in Civil Code Section 1950.5, provides a good model for understanding how state deposit statutes work because it’s comprehensive, tenant-friendly, and frequently cited in other states’ legislative debates.
California caps residential security deposits at two months’ rent for unfurnished units and three months’ rent for furnished units. This cap includes all deposits, whether labeled as security deposit, last month’s rent, pet deposit, or any other advance payment. Landlords who collect more than the statutory maximum violate the law from day one.
The statute explicitly limits deposit use to four purposes: unpaid rent, repair of damage beyond ordinary wear and tear, cleaning to return the unit to the same level of cleanliness as at move-in (considering ordinary wear and tear), and certain costs related to keys or furniture specified in the lease. Any deduction that doesn’t fall within these categories is improper.
California gives tenants the right to request a pre-move-out inspection. If you request this inspection in writing, the landlord must inspect the unit no earlier than two weeks before your move-out date and provide you with an itemized statement of repairs or cleaning that will be deducted from your deposit. This gives you the opportunity to fix problems yourself before moving out to avoid deductions.
The return deadline in California is 21 calendar days after you vacate. The landlord must either return your full deposit or provide an itemized statement of deductions with receipts for repairs over $125 (or estimates if work hasn’t been completed). Missing this deadline can result in forfeiture of the right to make any deductions.
California’s penalty provisions have real teeth. Bad faith retention of a security deposit exposes the landlord to statutory damages of up to twice the amount of the deposit, plus the tenant’s attorneys’ fees if you file suit. Bad faith means the landlord had no reasonable basis to believe they were entitled to keep the deposit. Courts have found bad faith where landlords missed the 21-day deadline, failed to provide itemization, charged for normal wear and tear, or made deductions without documentation.
Key Variations You Need to Know for Your State
While California’s framework is instructive, you need to research your specific state’s rules because variations matter significantly to your demand letter strategy.
Return deadlines vary widely. Some states give landlords only 14 days, while others allow 30, 45, or even 60 days. Know your state’s specific deadline because your demand letter’s urgency depends on whether the landlord has already violated a statutory requirement.
Penalty multipliers differ. Some states allow double damages, others triple damages, and some have no statutory penalty at all beyond return of the wrongfully withheld amount. Your demand letter’s leverage depends heavily on whether you can threaten a penalty that makes fighting you economically irrational.
Itemization and receipt requirements vary in detail. Some states require receipts for any deduction, others only for deductions above a certain threshold, and some don’t require receipts at all as long as the itemization is specific. Understanding what your landlord was required to provide helps you identify violations to cite in your demand.
Interest on deposits is required in some states but not others. A few states require landlords to hold deposits in interest-bearing accounts and pay you the interest when you move out. If your state has this requirement and your landlord didn’t comply, that’s an additional violation to include in your demand.
Inspection and notification requirements differ. Some states require landlords to offer pre-move-out inspections like California does. Others require specific notices about deposit policies at lease signing or during tenancy. Landlords who skip required notifications may forfeit their right to make certain deductions.
The best starting point for your state’s specific rules is usually your state attorney general’s website or state housing department. Most states publish tenant rights guides that summarize deposit rules in plain English and cite the specific statutes. You can then look up the actual statute text through your state legislature’s website to cite in your demand letter.
Short-Term Rentals: Platform Policies and the Legal Gray Zone
Short-term rental disputes operate in a different legal framework than traditional landlord-tenant relationships because platforms insert themselves as intermediaries with their own policies and dispute resolution procedures.
How Platform Damage Policies Work
Airbnb’s AirCover for Hosts and Vrbo’s damage policies follow similar frameworks. When you book, you agree to be responsible for damage you cause to the host’s property. The platform collects your payment information and reserves the right to charge that payment method if the host files a valid damage claim.
After your stay, hosts have a limited time window—typically 14 days from checkout—to file damage claims through the platform’s Resolution Center. The host must provide evidence: photos of the alleged damage, estimates or receipts for repair costs, and sometimes comparable pricing for replacement items.
The platform notifies you of the claim and gives you a window to respond, usually 72 hours to a few days. You can accept the charge, propose a counteroffer, or dispute the claim with your own evidence. The platform reviews both parties’ submissions and makes a decision about whether to charge your payment method.
In theory, this system protects both parties. Hosts get recourse for legitimate damage without having to sue guests. Guests get an opportunity to contest fraudulent claims before being charged. In practice, the system has significant flaws that favor hosts.
Platforms have financial incentives to keep hosts happy because hosts are the supply side of their marketplace. Losing hosts means fewer listings and less revenue. Losing individual guests has less impact because there’s always another traveler wanting to book. This structural bias means disputed claims often break in the host’s favor.
Evidence requirements are loosely enforced. Hosts are supposed to provide photos showing damage that wasn’t present before the guest’s stay, but platforms often accept photos without clear timestamps or comparison images. A photo of a stained couch doesn’t prove the guest caused the stain, but platforms frequently accept such evidence at face value.
The resolution process lacks procedural protections you’d have in court. There’s no discovery, no live testimony under oath, no ability to cross-examine the host, and no neutral judge applying consistent standards. The platform employee reviewing your case has broad discretion and may have minimal training in evaluating damage claims.
Platform decisions are contractually “final” under the terms of service you agreed to, meaning you typically can’t sue the platform over how they handled the resolution process. Mandatory arbitration clauses further limit your options.
Your Rights Outside Platform Policies
Just because you agreed to the platform’s terms of service doesn’t mean you have no legal rights beyond their resolution process.
Contract law principles still apply. You entered into a contract with the host to rent their property for specific dates at a specific price. The host’s obligation is to provide the property as described, and your obligation is to respect the property and pay for damage you cause. If the host is claiming damage you didn’t cause, they’re breaching the contract by effectively defrauding you.
State consumer protection laws prohibit unfair and deceptive practices. A host who files a fraudulent damage claim to extract money from guests is engaging in deceptive practices that may violate your state’s consumer protection act. These statutes often provide for treble damages and attorneys’ fees, making them powerful tools in egregious cases.
Payment card network rules give you chargeback rights. If a charge appears on your credit card that you didn’t authorize or that results from fraudulent merchant behavior, you can dispute the charge through your card issuer. Banks often side with cardholders in disputes over service quality or fraudulent charges, providing an avenue of relief outside the platform’s system.
Civil court remains available for disputes that can’t be resolved through platform mechanisms. You can sue a host for fraud, breach of contract, or conversion if they’ve wrongfully charged you for damage you didn’t cause. The platform’s terms of service bind your relationship with the platform, but don’t necessarily eliminate all legal remedies against the host directly.
Strategic Considerations for Platform Disputes
Short-term rental disputes require a different strategic approach than traditional deposit disputes because you’re dealing with both the host and the platform.
Your first demand letter should go to the host directly. Address the host by name, reference the specific reservation and property, and lay out your case that the damage claim is improper. Many hosts will refund questionable charges when confronted with strong evidence and the threat of further escalation, especially if they care about maintaining good reviews and avoiding platform investigations.
Copy the platform’s legal or escalations team as a courtesy. You’re not suing the platform (yet), but making them aware of the dispute creates a record and sometimes prompts platform review beyond the initial Resolution Center decision. Use addresses like Airbnb’s escalation emails or Vrbo’s legal contact, which you can usually find through online searches or in their terms of service.
Parallel tracks increase pressure. While pursuing your demand letter to the host, you can simultaneously file a chargeback with your bank, report the host to the platform for fraudulent claims, and file a complaint with your state attorney general’s consumer protection division. Multiple concurrent actions make settling with you the path of least resistance for the host.
Public accountability matters in the sharing economy. While you shouldn’t threaten social media campaigns as extortion, you can mention that you reserve the right to share your honest experience with others through reviews, social media, and consumer complaint sites. Hosts who depend on good reviews to attract future guests often care more about reputational damage than the specific dollar amount in dispute.
Building Your Case: Documentation Is Everything
Whether you’re fighting a traditional landlord or a short-term rental host, your ability to recover your deposit depends almost entirely on documentation. These disputes ultimately come down to competing narratives about the property’s condition and what damage, if any, occurred during your tenancy.
For Residential Tenancies: The Complete Documentation Package
Your documentation should start before you even move in. At lease signing, photograph or scan every page of your lease agreement, paying particular attention to the security deposit clause. Note exactly how much you paid, what the deposit covers, and any specific conditions about cleaning or repairs at move-out.
When you pay your deposit, keep proof of payment. If you paid by check, keep the canceled check image. If you paid by wire or electronic transfer, save the confirmation. If you paid cash (generally a bad idea), get a written receipt. You need to prove you actually paid the deposit you’re claiming was wrongfully withheld.
Move-in documentation is your baseline for proving what condition the property was in before you lived there. The best practice is a detailed move-in inspection with photos or video of every room, including close-ups of any pre-existing damage, wear, or cleanliness issues. Many leases include a move-in checklist; fill it out thoroughly and honestly, noting every mark, stain, scratch, or defect you observe. Get the landlord to sign and date the checklist, or at minimum, email them a copy and request confirmation.
If your landlord provides a move-in inspection report or condition statement, review it carefully and note any inaccuracies. If they claim the carpet is “new” but you can see wear patterns, document that discrepancy with photos and written notes. Landlords sometimes provide inaccurate move-in documentation to set themselves up for claiming damage later.
During your tenancy, document any maintenance issues you report and repairs the landlord makes (or fails to make). If the sink was leaking when you moved in and you reported it three times without response, that’s relevant if the landlord later tries to blame you for water damage. Save all communication with your landlord: emails, texts, letters, and notes from phone conversations with dates and summaries.
Pre-move-out inspection rights exist in some states like California. If your state allows you to request an inspection
before final move-out, do it. Get the landlord’s itemized list of needed repairs or cleaning while you’re still in possession and can address issues yourself rather than paying the landlord’s inflated rates.
Move-out documentation is where most tenants drop the ball, but it’s the most critical evidence you’ll need. Before you hand over keys, photograph or video every room in the property from multiple angles. Show that you cleaned, that damage claimed by the landlord doesn’t exist or pre-existed your tenancy, and that the property is in good condition considering normal wear and tear. Include time-stamps if possible—photos with metadata showing they were taken on your move-out date are powerful evidence.
Use a checklist approach for move-out documentation: photograph each room’s floors, walls, ceilings, and fixtures. Open every cabinet and closet and show they’re empty and clean. Photograph appliances showing they’re clean and functional. Take pictures of the yard, garage, storage areas, and any other spaces you had access to. This level of thoroughness seems excessive until you’re in small claims court and the landlord is claiming you left the place filthy with significant damage.
Consider having a neutral witness present during your final walk-through. A friend, family member, or even a professional cleaning service that can attest to the property’s condition adds credibility to your account. Get their contact information in case you need them to testify later.
After you move out, save all communication about the deposit. When you provide your forwarding address, do it in writing (email counts) and keep proof you sent it. When the deadline for deposit return passes, document that with calendar notes or emails to yourself establishing the timeline. If the landlord eventually sends an itemized statement, save it and note the date you received it.
For Short-Term Rentals: Building a Defense Against Damage Claims
Short-term rental documentation follows similar principles but compressed into a much shorter timeframe.
Your booking confirmation and all platform messages with the host are foundational documents. These establish the terms of your rental, what you paid, what was included, and any communications about property condition or expectations.
At check-in, immediately photograph the entire property before you unpack or use anything. This is your baseline evidence of pre-existing conditions. Take photos of the overall space, then specific shots of any wear, damage, or cleanliness issues you notice. Focus on items hosts commonly claim as damaged: furniture, walls, floors, appliances, linens, and any décor or artwork.
Many experienced short-term rental guests take a video walk-through upon arrival, narrating what they’re seeing: “Here’s the living room couch, you can see there’s already a stain on the left cushion. Here’s the kitchen with some scuffs on the cabinet doors.” This creates a timestamped, comprehensive record that’s harder for hosts to dispute than photos alone.
During your stay, document any issues you report to the host. If something breaks or malfunctions due to the property’s condition (not your actions), report it immediately through the platform messaging system so there’s a record. If the host accuses you of breaking something that was already broken, your contemporaneous report is your defense.
At check-out, reverse your check-in process. Photograph everything again to show you left the property in good condition. Focus especially on items that hosts commonly claim as damaged. If the check-out instructions require specific cleaning or tasks (stripping beds, taking out trash, running dishwasher), photograph evidence that you did these things.
Screenshot or save all platform Resolution Center communications. If the host files a damage claim, save the claim details, all evidence the host provides, your response, and the platform’s decision. This creates a complete record if you need to dispute charges with your bank or take further action.
If other people stayed with you or can vouch for the property’s condition, get their contact information and written statements if possible. “I was present during the entire stay and can confirm we left the property in excellent condition with no damage” from a co-guest strengthens your position significantly.
Crafting Your Security Deposit Demand Letter
With your documentation organized, you’re ready to write a demand letter that gets results. The structure and tone will vary depending on whether you’re addressing a traditional landlord or a short-term rental host, but certain elements are universal. If you need a starting point, our landlord-tenant demand letter templates can help you draft an effective letter tailored to California law.
Essential Components for Residential Landlord Demands
Start with clear identification of the tenancy. State your name, the property address, the lease term dates, your move-out date, and the amount of security deposit you paid. Even though the landlord obviously knows these details, treating your letter as a stand-alone legal document that establishes every essential fact makes it more effective if you later need to file suit.
Cite the specific state statute governing security deposits in your jurisdiction. For California, you’d write: “This dispute is governed by California Civil Code Section 1950.5, which requires landlords to return security deposits within 21 days of tenant vacating the premises, with an itemized statement of any deductions and supporting documentation.” For other states, identify the specific statute and its key requirements.
Explain what happened with your deposit. State when you moved out, note that the statutory deadline has passed (if it has), and describe the landlord’s response or lack thereof. If the landlord provided an itemized statement, acknowledge that but note which deductions you’re disputing and why.
Address each disputed deduction systematically. If the landlord charged you $200 for carpet cleaning, explain that the carpet showed only normal wear and tear consistent with your three-year tenancy, which is explicitly non-deductible under state law. If they charged you to repaint, note that paint fading and minor scuffs are normal wear and tear. If they charged for damages that pre-existed your tenancy, reference your move-in documentation proving this.
Highlight specific statutory violations. If the landlord missed the return deadline, state: “You failed to return my deposit or provide an itemized statement within the statutory 21-day period. Under California law, this failure forfeits your right to make any deductions and entitles me to the full deposit amount plus statutory penalties.”
If the landlord provided no documentation for claimed repairs, emphasize this: “State law requires receipts or estimates for repairs deducted from security deposits. You provided no documentation, making your deductions improper regardless of whether the underlying damage claims were legitimate.”
Cite the statutory penalties you’re entitled to. Be specific: “California Civil Code Section 1950.5(l) provides that bad faith retention of a security deposit subjects the landlord to statutory damages of up to twice the deposit amount, plus the tenant’s attorneys’ fees. Your failure to comply with statutory requirements constitutes bad faith retention.”
Make a specific demand with a deadline. State exactly what you want: “I demand return of my full $2,400 security deposit plus $267 in statutory interest by December 15, 2024. Payment should be sent via check or wire transfer to the address below.” Give the landlord 7 to 14 days to respond, depending on how urgent you want to make it feel.
Explain the consequences of non-compliance. State what you’ll do if the deadline passes: “If I do not receive full payment by the deadline, I will file suit in small claims court seeking the deposit amount, statutory penalties of up to $4,800, court costs, and attorneys’ fees as provided by California law. I will also file a complaint with the California Attorney General’s consumer protection division and report this matter to tenant screening agencies.”
Adapting for Short-Term Rental Hosts
Demand letters to short-term rental hosts follow a similar structure but need adjustments for the platform context and shorter relationship.
Identify the specific reservation with all relevant details: confirmation number, property address, host name, check-in and check-out dates, and platform case number if a Resolution Center claim was filed. This makes your letter specific and harder to ignore.
Frame the dispute in terms of both platform policy and general contract law: “As outlined in Airbnb’s Host Damage Protection policy, hosts must provide evidence of damage caused by guests during their stay, with photos showing the damage and documentation that it didn’t pre-exist the guest’s arrival. You have not provided any evidence meeting these requirements.”
Address the host’s specific claims with your counter-evidence. If they claim you stained a couch, explain that you have check-in photos showing that stain already existed. If they claim you broke a lamp, explain that you reported it broken upon arrival through platform messaging. If they claim excessive cleaning was needed, note that you followed all check-out instructions and have photos showing the property clean.
Reference the platform’s rules that the host violated: “Airbnb’s policy requires damage claims to be filed within 14 days of guest checkout and to include specific evidence of the damage and repair costs. Your claim was filed 10 days after checkout but includes only a generic photo with no visible timestamp and no repair estimate, failing to meet the platform’s own evidentiary standards.”
Make your demand clear: “I demand an immediate refund of the $450 damage charge that was improperly collected. This refund should be processed through the Airbnb platform or via PayPal/Venmo to the email address below.”
Outline your escalation options: “If this matter is not resolved within 10 days, I will: (1) dispute the charge with my credit card issuer as fraudulent, (2) file a formal complaint with Airbnb documenting your violation of host policies, (3) report this conduct to the [State] Attorney General’s consumer protection division, and (4) share my experience through reviews and consumer complaint platforms.”
For short-term rental letters, consider copying the platform’s legal or escalations team. Add a line: “I am sending a copy of this letter to Airbnb’s legal department at [email address] to ensure they are aware of this dispute and your violation of platform policies.” This signals to the host that you’re serious and creates a paper trail with the platform.
Tone Calibration: When to Be Friendly vs. Hardball
Not every deposit dispute requires maximum aggression from the start. Your tone should match the situation and your read of the landlord or host.
For landlords who seem disorganized rather than malicious, start with a professional but measured approach. If the statutory deadline recently passed and this is your first communication about the deposit, you might write: “I’m writing regarding my security deposit from the property at [address]. The 21-day return deadline has passed and I haven’t received my deposit or an itemized statement. I understand things get busy, so I wanted to check in about when I can expect the return. State law requires compliance with the deadline, so I’d appreciate your prompt attention to this matter.”
This gives the landlord an opportunity to respond without immediately threatening litigation. Many landlords will return deposits when reminded of their obligations, especially if you demonstrate knowledge of the law.
For landlords who have responded but made improper deductions, shift to firmer but still professional tone: “Thank you for your itemized statement dated December 1. However, several of the deductions violate California law. [Specific explanation of each improper deduction]. State law is clear that normal wear and tear is not deductible. I expect a revised statement and return of the improperly withheld $1,600 within 10 days.”
For landlords who are clearly acting in bad faith—missing deadlines by months, providing no documentation, charging for obviously normal wear and tear, or refusing to respond at all—bring out the full legal artillery: “This is a formal demand for immediate return of my wrongfully withheld security deposit. You have violated multiple provisions of California Civil Code Section 1950.5 and are now exposed to statutory penalties of twice the deposit amount plus my attorneys’ fees. This is the final opportunity to resolve this matter before I file suit. I require full payment within 7 days or I will immediately file in small claims court.”
The key is matching your tone to what you’ve already tried and how the landlord has responded. Escalate progressively rather than starting at maximum aggression unless the situation clearly warrants it.
What Not to Say: Avoiding Legal Pitfalls
Certain threats or statements in your demand letter can hurt your position or expose you to counter-claims, even when your underlying case is strong.
Never threaten criminal charges or police reports as leverage for deposit return. Saying “Return my deposit or I’ll file a police report for theft” crosses into potential extortion territory in many jurisdictions. Security deposit disputes are civil contract matters, not crimes, and conditioning your complaint on payment is problematic.
Avoid threats to damage the landlord’s reputation through social media or review sites unless you frame them carefully. You can say “I reserve the right to share my honest experience with others and on consumer review platforms,” but don’t make it sound like you’ll post negative reviews specifically to punish them for not paying. Negative reviews are protected speech if they’re truthful, but tying them explicitly to payment demands can create legal problems.
Don’t threaten to report the landlord to immigration authorities, tax agencies, or other government bodies as leverage. These threats can constitute extortion even if you have legitimate concerns about the landlord’s immigration status or tax compliance. Stick to civil remedies: lawsuits, small claims, consumer complaints about landlord behavior.
Avoid exaggerating your damages or making claims you can’t support. If you say the deposit situation caused you to miss rent at your new apartment and face eviction, you’d better have documentation of that. False or inflated damage claims can expose you to counter-suits for fraud or abuse of process.
Don’t make threats you won’t follow through on. If you say “I will file suit within 7 days if payment isn’t received” and then don’t file, your next demand letter to this landlord or any future landlord will lack credibility. Only set deadlines and threaten actions that you’re actually prepared to take.
Escalation Paths When Your Demand Letter Fails
A well-crafted demand letter resolves many deposit disputes, but some landlords and hosts refuse to pay no matter how strong your case. When that happens, you need to follow through with actual legal action or other remedies.
Small Claims Court: The Perfect Forum for Most Deposit Disputes
Small claims court was designed specifically for disputes like security deposit cases: relatively small amounts, straightforward facts, minimal legal complexity, and parties who can present their own cases without lawyers.
Jurisdictional limits vary by state but are generally high enough to cover residential security deposits. California’s small claims limit is $10,000 for individuals, which covers the vast majority of residential deposits. New York City’s small claims handles cases up to $10,000. Check your local court’s website for your specific jurisdiction’s limit.
Filing is simple and inexpensive. Most small claims courts have fill-in-the-blank forms available online or at the courthouse. Filing fees are typically $30 to $100 depending on the claim amount and jurisdiction. You can usually recover filing fees from the defendant if you win.
The informal procedures make small claims accessible to non-lawyers. There’s no complex discovery, no formal rules of evidence, and judges are accustomed to dealing with self-represented parties. You present your case conversationally, show your evidence (photos, lease documents, move-in/move-out checklists), and explain why the landlord’s deductions were improper or why they violated state law.
Speed is another advantage. Small claims cases usually go to hearing within 30 to 90 days of filing, compared to regular civil cases that can take a year or more. This means you can resolve your dispute and get your money relatively quickly.
The strategic value goes beyond just recovering your deposit. Serving the landlord with a small claims lawsuit suddenly makes you a much more serious problem than a tenant sending demand letters. Many landlords settle cases before trial once they realize you’re willing to show up in court and present your evidence to a judge.
California’s small claims system is particularly tenant-friendly for deposit disputes because judges routinely award statutory penalties against landlords who violated deposit return requirements. A landlord who kept your $2,000 deposit and missed the 21-day deadline can face a $4,000 judgment plus your filing fees, making settlement at your full demand amount suddenly very attractive.
Prepare for small claims by organizing your evidence into a clear presentation. Bring multiple copies of everything: lease, deposit receipt, move-in documentation, move-out documentation, demand letters, landlord’s itemized statement (if provided), and photos. Create a simple timeline showing key dates. Practice explaining your case in five minutes or less, focusing on the strongest points.
Consider bringing witnesses who can corroborate your version of events. A roommate who was present during move-out and can testify about the property’s condition is valuable. A cleaning professional who cleaned the property before you left can testify about its cleanliness. Any neutral party who saw the property’s condition strengthens your case.
After you win a small claims judgment, collection may still be necessary if the landlord doesn’t voluntarily pay. Small claims courts have procedures for wage garnishment, bank levies, and property liens that can force payment from reluctant judgment debtors. Court staff or online resources can guide you through the collection process.
Consumer Protection Agencies and Complaints
Government consumer protection agencies provide an alternative pressure point that doesn’t require you to file a lawsuit or pay filing fees.
Your state attorney general’s office typically has a consumer protection division that accepts complaints about landlord behavior. These complaints create a record, and if a landlord generates multiple complaints, the AG’s office may investigate or bring enforcement actions. While individual complaints don’t always result in direct recovery for you, they create regulatory pressure that makes landlords more willing to settle.
City or county housing departments sometimes have enforcement authority over landlord-tenant issues, particularly regarding habitability and compliance with housing codes. If your deposit dispute is connected to habitability problems—for example, the landlord is charging you for damage that resulted from deferred maintenance—housing department complaints can be effective.
Some jurisdictions have dedicated rent boards or tenant protection agencies with investigation and mediation services. These agencies may be able to facilitate resolution of deposit disputes without requiring you to go to court. Even if they can’t force the landlord to pay, their involvement adds official scrutiny that often prompts settlement.
File your consumer complaints with specific details: your name and contact information, the landlord’s name and address, the property address, dates of tenancy, amount in dispute, and a clear description of what statutory requirements the landlord violated. Attach copies of key documents: lease, demand letter, landlord’s response (if any), and documentation of the violations.
Frame your complaint in terms of systematic behavior rather than just your individual dispute. If you say “This landlord routinely violates state deposit return requirements with multiple tenants” rather than just “I have a dispute,” agencies are more likely to take interest because it suggests a pattern of illegal behavior rather than a one-off disagreement.
Chargeback Rights for Short-Term Rental Disputes
If you paid for a short-term rental with a credit card and the host charged you for damage through the platform, credit card chargeback rights give you a parallel remedy to demanding refund from the host.
Visa, Mastercard, American Express, and Discover all have dispute resolution processes that allow cardholders to contest charges they believe are fraudulent or unauthorized. “Goods or services not as described” is a recognized dispute reason that can apply to hosts who charge for damage you didn’t cause.
Initiate a chargeback by contacting your card issuer’s dispute department, usually by phone or through their online banking portal. Explain that you’re disputing a charge from [platform] related to a damage claim by a short-term rental host that is fraudulent or unsubstantiated.
Your card issuer will typically request documentation supporting your dispute. Provide: the booking confirmation showing what you paid for, check-in and check-out photos showing the property’s condition, platform messages with the host, the Resolution Center claim details showing what the host alleged, and your evidence that the damage claim is false.
The bank investigates by requesting information from the merchant (the platform). The platform must respond with evidence that the charge was legitimate. If they can’t provide convincing evidence, the bank refunds the charge to you, which creates financial pressure on the platform to tighten their damage claim procedures.
Chargeback rights have time limits, typically 60 to 120 days from the statement date where the charge appeared. Don’t wait too long after discovering an improper damage charge—file the chargeback dispute promptly.
Platform terms of service sometimes try to limit chargeback rights by saying you agreed to their dispute resolution process. However, card network rules generally supersede merchant attempts to waive chargeback rights, and federal law (the Fair Credit Billing Act) protects your right to dispute billing errors.
A successful chargeback doesn’t prevent you from also pursuing a demand letter and other remedies against the host. You can pursue multiple avenues simultaneously, and in fact doing so creates maximum pressure for the host to settle.
Platform Escalation and Account Protection
Beyond the Resolution Center process, platforms have additional escalation channels you can use when you believe a decision was wrong or a host violated policies.
Most platforms have customer service escalation paths. After an initial Resolution Center decision, you can request review by a supervisor or specialist team. Use escalation when you have new evidence, when the initial reviewer clearly misunderstood your position, or when the host violated platform policies in ways the initial review didn’t address.
Twitter and social media escalation sometimes works for egregious cases. Platforms care about public reputation, and complaints that gain social media traction sometimes get executive-level attention. A well-documented thread explaining how a host fraudulently charged you and the platform sided with them despite clear evidence can prompt platform review, especially if it gets significant engagement.
Report the host for policy violations separate from your specific dispute. If the host filed a fraudulent damage claim, that’s reportable misconduct beyond just your disagreement about charges. Platforms have compliance teams that investigate reported violations, and a pattern of damage claim abuse can result in host account suspension or removal.
Protect your own account by responding professionally to any negative review the host leaves. Many hosts retaliate against guests who dispute damage claims by leaving false negative reviews. Your public response should be factual and measured: “This host filed a fraudulent damage claim for pre-existing damage, which I successfully disputed with evidence. Their review is retaliatory for my refusal to pay for damage I didn’t cause.”
Some platforms allow you to appeal review removal if the review violates content policies. A review that’s provably false or retaliatory may be removable, though platforms’ review policies typically give hosts broad latitude in what they can say.
Practical Strategies That Separate Winners from Losers
Beyond following the legal frameworks and writing good demand letters, certain practical factors determine whether you’ll actually recover your deposit.
Timing Your Actions Strategically
Act quickly when deposit problems arise. The longer you wait, the more you signal that the deposit doesn’t matter to you, and the more time the landlord has to spend your money or the host has to forget details of your stay.
For residential tenancies, calendar the statutory return deadline. If it’s 21 days in your state, set a reminder for day 22 to follow up if you haven’t received your deposit. Your first inquiry can be friendly (“checking on the status”), but if another week passes without response, send your formal demand letter.
For short-term rentals, respond immediately to any damage claim notification. You usually have 72 hours to 7 days to respond before the platform makes a decision. Missing this window essentially concedes the claim, so set alerts for platform messages and check daily after checkout until you’re certain no claim was filed.
There’s strategic timing within the year too. Landlords often have more cash flow at certain times (beginning of month when rent comes in, end of year when they’re closing books). Sending demand letters timed to when they likely have money can increase settlement rates.
End of year is also when many people and businesses want to clean up outstanding matters. A December demand letter noting that the dispute should be resolved before year-end sometimes prompts faster response than the same letter in March.
Negotiation Tactics That Work
When landlords or hosts respond to your demand, they often propose partial payment or dispute some of your characterizations. Having a negotiation strategy prepared helps you make smart real-time decisions.
Know your walk-away number before you start negotiating. If you’re owed $2,000, what’s the minimum you’ll accept to avoid small claims court? Maybe $1,500? This number depends on your assessment of your case strength, the time and hassle of litigation, and whether the landlord is judgment-proof.
Consider the value of different types of resolution. Cash in hand today is worth more than a payment plan where you might never collect the final installments. A clean resolution with mutual release of all claims has value beyond just the dollar amount.
Use objective standards in negotiation. Rather than arguing about opinions (“your damage claims are excessive”), ground your negotiation in facts and law: “State law prohibits deductions for normal wear and tear, and your carpet charges fall into that category based on the three-year tenancy. I’m willing to accept $1,800 to close this matter today.”
Create urgency without ultimatums. Instead of “accept this offer or I’m filing suit tomorrow,” try “I’ve prepared all my small claims paperwork and am ready to file, but I’d prefer to resolve this cooperatively if we can agree on fair terms this week.”
Document everything in negotiation. If the landlord agrees to pay $1,500, get it in writing before you agree to anything. Use email to confirm: “To confirm our conversation, you’ll pay $1,500 by Friday, December 15, via check mailed to [address], and in exchange I’ll consider the deposit dispute fully resolved.” Get their email confirmation before you close the matter.
If accepting partial payment, get a release. Draft a simple settlement agreement stating that you’re accepting $X in full settlement of all claims related to the deposit, and both parties release each other from any further obligations. This prevents the landlord from later claiming you still owe money or the tenant from later suing for the remainder.
When Walking Away Makes Sense
Not every deposit dispute is worth pursuing to the bitter end, even when you’re legally right.
Judgment-proof landlords or hosts can’t be collected from even if you win. A landlord operating through a shell LLC with no assets gives you nothing to collect against. A host in another country with no US assets may not be reachable. Before investing significant time and money in litigation, do basic research on whether the defendant can actually pay a judgment.
Sometimes the amount is too small relative to your time value. If you’re owed $300 and would need to spend 20 hours dealing with small claims court, your effective hourly rate is $15. If your time is worth more than that in your actual work, you’re losing money by pursuing the case even if you win.
Strategic considerations matter. If the landlord is connected to your industry or your future housing needs, burning bridges over a deposit might harm you more than the money is worth. This doesn’t mean rolling over for everyone, but sometimes discretion is appropriate.
Emotional toll deserves consideration. If the stress and anger of pursuing the case is affecting your mental health or taking time away from more important priorities, walking away can be the right choice even when you’re “right” legally.
When you do walk away, do it on your terms. Send a final letter stating that you’re closing the matter without prejudice but that you dispute the landlord’s actions and consider them violations of state law. This preserves your record of objecting without committing more resources to the fight.
Building Systems to Prevent Future Problems
The best deposit dispute is the one that never happens. Implementing better practices upfront dramatically reduces the chances you’ll need demand letters at all.
For residential rentals, always document condition at move-in and move-out with photos or video. Make this non-negotiable even if the landlord doesn’t provide a formal checklist. Your future self will thank you when you have unambiguous evidence of the property’s condition.
Read your lease carefully and understand exactly what’s required for deposit return. If the lease specifies professional carpet cleaning at move-out, budget for it and keep the receipt. If it requires lawn care to a certain standard, take photos showing compliance. Meeting specific lease requirements eliminates grounds for deduction.
Communicate in writing about any maintenance issues or damage that occurs during your tenancy. If something breaks, email the landlord immediately with photos and request repair. This creates a documented record that the problem wasn’t caused by you at move-out.
Request the pre-move-out inspection if your state offers it. The opportunity to fix problems yourself before the landlord deducts from your deposit is valuable, and landlords who skip this required step lose some ability to deduct for items you could have cured.
For short-term rentals, photograph everything at check-in and check-out. Spend five minutes documenting the property with your phone—it’s the best investment you can make to protect yourself from fraudulent damage claims.
Report any problems immediately through platform messaging. If something is broken, stained, or not as described, report it before the host can claim you caused it. Platform messages create timestamped evidence that the problem pre-existed your stay.
Follow all check-out instructions to the letter. If the host asks you to take out trash, strip beds, and run the dishwasher, do those things and photograph evidence you did them. Hosts struggle to justify damage charges when you demonstrably followed all their requirements.
Leave honest reviews that mention any issues. If a host later files a false damage claim, your contemporaneous review noting pre-existing problems supports your defense. Just be factual and avoid inflammatory language that could support a defamation claim.
FAQ: Security Deposits and Short-Term Rental Disputes
The landlord sold the property and now the new owner says they don’t have my deposit. Who do I go after?
When property sells during your tenancy or shortly before your deposit should be returned, you’re caught between two parties who each claim the other has responsibility for your deposit.
Legally, the original landlord’s obligation to return your deposit doesn’t disappear just because they sold the property. They collected your deposit and were responsible for either returning it to you or properly transferring it to the new owner. If they failed to transfer it, they remain liable to you.
However, many state laws require the selling landlord to either return the deposit to you or transfer it to the new owner and notify you of the transfer. If they properly transferred the deposit, the new owner becomes responsible for returning it to you at the end of your tenancy.
Your demand letter should go to both parties. Send separate letters to the original landlord and the new owner, explaining the situation and demanding return from both. State that you’re looking to whichever party actually has the deposit to return it, but that you consider both potentially liable if the deposit wasn’t properly transferred.
In your letter to the original landlord: “You collected my $2,000 security deposit on January 1, 2023. You sold the property in November 2024. You were required under [state] law to either return my deposit to me or transfer it to the new owner with written notice to me. I received no such notice. I demand you immediately return my deposit or provide proof you properly transferred it.”
In your letter to the new owner: “I am the tenant at [address] and paid a $2,000 security deposit to the previous owner. State law requires the new owner to honor existing tenant deposits. My lease ended on December 1 and you have failed to return my deposit within the statutory period. I demand immediate return of my full deposit.”
If neither party responds satisfactorily, you may need to sue both in small claims court and let the judge determine liability. Courts typically hold that the original landlord remains liable if they can’t prove proper transfer, but the new owner is also liable if they knew about the deposit obligation (which they generally do through the purchase agreement disclosures).
In some states, the new owner automatically becomes liable for all deposits on the property when they purchase it, regardless of whether deposits were actually transferred. Check your state’s specific statute on transfers of deposit obligations during property sales.
I only had a verbal lease agreement. Can I still demand my security deposit back?
Absolutely. While written leases are always preferable, verbal rental agreements are legally enforceable contracts in most states for tenancies under one year. If you had a verbal agreement to rent a property for a specified amount, paid a security deposit, and lived there, you have the same rights to deposit return as tenants with written leases.
The challenge with verbal leases is proving the terms, particularly around the deposit. You’ll need evidence that you actually paid a deposit and how much it was. Bank records showing a payment to the landlord around move-in time, receipts if you got any, text messages or emails referencing the deposit amount, or even testimony from people who witnessed the transaction can establish that you paid a deposit.
In your demand letter, address the verbal agreement directly: “We had a verbal rental agreement for the property at [address] beginning January 1, 2024, for monthly rent of $1,500. I paid you a security deposit of $1,500 by check on December 28, 2023 (check #1234, copy attached). State law applies to verbal rental agreements just as it does to written leases, requiring you to return my deposit within [X] days of move-out with itemization of any deductions.”
Document everything else meticulously to compensate for the lack of written lease. Your move-in and move-out photos, payment records, and communications with the landlord become even more critical when you can’t point to a written contract.
State laws vary on whether longer-term verbal leases are enforceable—most states require leases over one year to be in writing under the statute of frauds. But for month-to-month or shorter-term tenancies, verbal agreements are generally valid and create the same deposit return obligations.
What if the landlord claims damage that actually existed before I moved in but I didn’t document it at move-in?
This is one of the most common deposit disputes and why move-in documentation is so critical. If you didn’t photograph or note damage at move-in, proving it pre-existed your tenancy becomes much harder but not impossible.
Your lease itself may help. Many landlords provide move-in condition statements or checklists where they describe the property’s condition. If their own document notes wear, damage, or cleanliness issues, that supports your position that problems weren’t caused by you.
Look for any communications during your tenancy where you mentioned or discussed the damage with the landlord. If you ever emailed about “the existing stain on the bedroom carpet” or “the cracked tile in the bathroom,” those contemporaneous references prove the damage pre-existed.
If you had roommates, friends, or family who saw the property when you moved in, their testimony can establish pre-existing condition. In small claims court, a witness who testifies “I helped them move in and that hole in the wall was definitely already there” provides evidence even without photos.
Compare the damage to the age and wear patterns you’d expect. If you rented a 30-year-old apartment for two years, significant wear and tear on carpets, cabinets, and fixtures is presumptively from age and prior tenants, not from your brief tenancy. Make this argument in your demand letter: “The property is 30 years old and had multiple prior tenants. The carpet wear you’re charging me for is consistent with a 30-year-old carpet, not with damage I could have caused in 24 months.”
Emphasize the legal standard. State laws require landlords to prove that damage was caused by the tenant, not normal wear and tear. The burden of proof is on the landlord. If you’re claiming damage was pre-existing and the landlord has no evidence it wasn’t, the law should favor you.
In your demand letter, address the missing documentation but don’t concede: “I did not document every detail at move-in because I assumed you would act honestly. However, I maintain that the damage you’re claiming was pre-existing. Given the property’s age and condition, and your failure to provide move-in documentation showing these areas were undamaged, you cannot meet your burden of proving I caused the damage.”
Going forward, obviously, photograph everything at move-in. But if you’re already in a dispute without that documentation, these strategies help you make the best case possible with the evidence you do have.
Can I withhold my last month’s rent to “self-help” recover my deposit if I know the landlord won’t return it?
This is legally risky and generally not advisable, even though it’s tempting when you’re certain the landlord will wrongfully keep your deposit.
Most state laws and most lease agreements prohibit tenants from withholding rent to offset anticipated deposit return or other landlord obligations. Rent is due when it’s due, and your remedy for deposit violations is to sue after you’ve moved out, not to withhold rent beforehand.
If you withhold rent, the landlord can legally evict you for non-payment, even if you had a legitimate belief you were entitled to offset. An eviction on your record severely damages your ability to rent in the future, far exceeding any benefit from recovering your deposit this way.
Additionally, withholding rent gives the landlord a defense to your deposit claim. They can argue “the tenant didn’t pay last month’s rent, so I applied the deposit to cover that unpaid rent,” which is a legitimate use of security deposits. You’ve converted a strong case (landlord wrongfully withheld deposit) into a murky case (tenant didn’t pay rent, landlord applied deposit to unpaid rent).
If you’re certain the landlord won’t return your deposit based on their pattern with prior tenants or statements they’ve made, the better approach is to pay your rent through the end of the lease, move out properly, document everything, and then immediately pursue deposit recovery through demand letters and small claims court.
Some states have specific rent-withholding rights for habitability violations—if your landlord failed to make repairs that made the property uninhabitable, you may have statutory rights to withhold rent or pay for repairs yourself and deduct from rent. But these rights have specific procedural requirements and don’t extend to general deposit disputes.
The one exception might be if your lease explicitly allows deposit offset against last month’s rent, which is rare. If your lease specifically says “security deposit may be applied to final month’s rent” or similar language, you could potentially withhold final month’s rent. But even then, give written notice: “Per Section X of the lease, I’m applying my security deposit to my final month’s rent of December 2024.”
The Airbnb host is demanding payment for damage but won’t respond to my direct messages. How do I even send them a demand letter?
Hosts who ignore your platform messages but file damage claims create an additional challenge for demand letters because you may not have their direct contact information beyond the platform.
First, use the platform messaging system itself. Send a detailed message through Airbnb or Vrbo laying out your dispute, your evidence, and your demand for refund. Even though the host isn’t responding, this creates a documented record within the platform that you attempted direct resolution. Screenshot these messages to preserve them.
Check the property listing and booking confirmation for any contact information outside the platform. Some hosts provide email addresses or phone numbers. If you have this information, use it to send your demand letter via email and even certified mail if you have a physical address.
For the physical address, the property address itself is likely the host’s address if they’re individual property owners. For professionally managed properties or hosts who don’t live at the property, you may need to do some research. Property records (usually searchable online through county assessor websites) can show who owns the property, giving you a name and sometimes an address for sending formal demand letters.
LinkedIn, Facebook, and other social media can sometimes provide contact information if you know the host’s name. While direct messaging via social media isn’t as formal as a mailed demand letter, it creates another touchpoint and paper trail.
If you absolutely cannot reach the host directly, your demand letter strategy shifts to involving the platform more directly. Send a letter to the platform’s legal department or corporate office, explaining that you’re attempting to resolve a dispute with host [name] at property [address], that the host is non-responsive, and that their damage claim is fraudulent for reasons you detail.
Frame this as a complaint about the host’s conduct and the platform’s inadequate resolution process: “Despite providing clear evidence that the alleged damage was pre-existing, your Resolution Center ruled in favor of a host who violated your policies by failing to respond to my inquiries and by submitting misleading photos. This decision appears to reflect systematic bias toward hosts rather than fair evaluation of evidence.”
Platforms care about regulatory attention, so you can also note that you’ve filed or will file complaints with state consumer protection authorities about the platform’s handling of fraudulent damage claims. This creates institutional pressure beyond just your specific dispute.
Finally, pursue the chargeback option aggressively when hosts won’t engage directly. If you can’t reach the host to negotiate, the credit card dispute process provides an alternative forum for recovering your money.
I’m a foreign national renting in the US. Do I have the same security deposit rights as US citizens?
Yes. Security deposit laws apply based on the location of the property and the rental relationship, not based on your citizenship or immigration status. If you rent a property in California, California’s security deposit law protects you regardless of whether you’re a US citizen, permanent resident, temporary visa holder, or even undocumented.
Landlords sometimes try to take advantage of foreign tenants by claiming they have fewer rights or that deposit laws don’t apply to them. This is false. State landlord-tenant laws protect all tenants in that state.
In your demand letter, you don’t need to address your citizenship status at all because it’s irrelevant. Write your letter exactly as any tenant would: citing state law, explaining your rights, documenting violations, and demanding return of your deposit.
If the landlord tries to use immigration status as leverage (“I’ll report you to ICE if you pursue this”), this itself is illegal retaliation in most states and might be considered attempted extortion. Document any such threats and include them in complaints to housing authorities or attorney general consumer protection divisions.
The practical challenges you might face relate more to banking and logistics than legal rights. If you’re returning to your home country, make sure the landlord has a reliable forwarding address and ideally a US-based representative who can receive payments on your behalf. International wire transfers or checks can be complicated, so specify acceptable payment methods clearly.
For short-term rentals, international guests face similar rights—platform policies and consumer protection laws apply regardless of the guest’s country of origin. If anything, platforms are sometimes more careful with international disputes because they want to avoid regulatory attention in multiple countries.
If you’re concerned about language barriers, consider having an English-speaking friend help you write the demand letter or reviewing the landlord’s responses. But the substance of your legal rights is identical to any US citizen in the same situation.
Can I include damage to my personal property in a security deposit demand letter?
Security deposits are for protecting the landlord’s property, not yours, so damage to your personal property is typically a separate legal claim rather than part of a deposit dispute.
If your personal property was damaged due to the landlord’s negligence—for example, a landlord-caused plumbing leak destroyed your furniture, or the landlord’s failure to maintain heating caused your pipes to freeze and burst—you have a potential claim for property damage, but it doesn’t run through the security deposit system.
Your demand letter for personal property damage would be structured differently, as a claim for negligence or breach of the implied warranty of habitability rather than as a deposit return dispute. You’d need to prove the landlord’s conduct or failure caused the damage and that you suffered quantifiable losses.
However, you can include both claims in a single comprehensive demand letter if the situations overlap. For example: “I’m writing to demand return of my wrongfully withheld $2,000 security deposit pursuant to state law. Additionally, I’m claiming $1,500 for damage to my personal property caused by your negligent maintenance of the property’s plumbing system.”
Keep the claims separated clearly in your letter so it’s obvious which amounts relate to which legal theories. The deposit claim is governed by specific state statutes with specific remedies, while the property damage claim is a general negligence claim with different proof requirements and remedies.
If you’re going to small claims court, you can include both claims in a single filing (assuming the total is within the jurisdictional limit). Present them as separate causes of action but arising from the same landlord-tenant relationship.
Renter’s insurance is your best protection for personal property damage regardless of cause. If you have renter’s insurance and your property was damaged, file a claim with your insurer first. They’ll pay you for covered losses and then may subrogate against the landlord if their negligence caused the damage, effectively taking over your claim.
Dealing with a wrongfully withheld security deposit or fraudulent short-term rental damage claim? I’ve helped hundreds of tenants and guests recover deposits through effective demand letters and strategic use of state tenant protection laws. Schedule a consultation to discuss your specific situation and develop a plan for recovery.