Demand Letter

Full Definition

A demand letter is a formal written communication from a tenant (or the tenant's attorney) to a landlord that states the facts of the dispute, identifies the legal violation, demands specific relief (typically return of the deposit plus penalties), and sets a deadline for compliance. Sending a demand letter is a critical first step before filing suit for several reasons: many states require a demand letter as a prerequisite to recovering statutory penalties; it demonstrates to a court that the tenant made a good-faith attempt to resolve the dispute; it may trigger the landlord's legal obligation to respond; and it creates a documented paper trail. Best practices include: sending by certified mail with return receipt so you have proof of delivery; including the specific dollar amount demanded (deposit plus penalty plus any incidental costs); citing the applicable state statute; and setting a clear deadline (typically 14 to 30 days) for the landlord to comply. Some states reset the clock for penalties upon receipt of a demand letter, so the timing matters.