How to write a damage charge letter to a tenant

Damage or wear and tear?

Deposit statutes separate damage from ordinary wear. California bars deductions for ordinary wear and tear and for conditions that existed before the tenancy (Cal. Civ. Code § 1950.5(e)(2)). New York bars keeping anything for ordinary wear and tear or for damage caused by a prior tenant (N.Y. Gen. Oblig. Law § 7-108(1-a)(b)). Texas bars deducting for normal wear and tear (Tex. Prop. Code § 92.104).

Wear comes from normal living over time: faded paint, light scuffs, carpet worn along walking paths. Damage comes from an accident, misuse or neglect: holes in walls, burns, broken windows, pet stains, missing fixtures. Washington adds limits worth copying anywhere: no deduction for carpet cleaning unless you document wear beyond ordinary use, none for items your move-in checklist did not reasonably document, and no more than the cost of repairing the damaged part of an item (RCW 59.18.280(1)(c); RCW 59.18.260(4)).

Check your deadline first

• New York: 14 days after the renter moves out, with an itemized statement. Miss it and you lose the right to keep any part of the deposit (N.Y. Gen. Oblig. Law § 7-108(1-a)(e)).
• California: 21 calendar days after move-out, with an itemized statement (Cal. Civ. Code § 1950.5(h)(1)).
• Texas: 30 days after the renter surrenders the home, with a written description and itemized list. You need not refund or itemize until the renter gives a written forwarding address (Tex. Prop. Code § 92.103; Tex. Prop. Code § 92.107).
• Washington: 30 days after the lease ends and the renter moves out, with a full and specific statement and supporting documents (RCW 59.18.280).
• Florida: to keep any part, send written notice of your claim within 30 days after the rental agreement ends, by certified mail, or by email under a signed email addendum (Fla. Stat. § 83.49(3)).

Find your state on the deposit return deadlines by state page and calendar the date the day the renter moves out.

Gather the evidence

• The move-in condition report and photos.
• Move-out photos of each damaged item, with a wide shot and a close-up.
• Invoices or receipts for outside work and materials.
• For work you or your staff did, the time spent and the hourly rate.

Some states require these documents with the letter. California requires copies of bills, invoices or receipts for outside work and materials and, for your own or an employee's work, a description with the time spent and the hourly rate. You may skip the documents when repair and cleaning deductions total $125 or less, unless the renter asks for them within 14 calendar days (Cal. Civ. Code § 1950.5(h)(2), (h)(4), (h)(5)). Washington requires copies of estimates or invoices, or the materials receipt plus the time and hourly rate for your own work (RCW 59.18.280(1)(b)).

If a California repair cannot reasonably be finished within 21 days, the statute allows a good-faith estimate in the timely statement, with the final accounting within 14 days after the work is done (Cal. Civ. Code § 1950.5(h)(3)-(5)).

Price each item fairly

• Charge the reasonable cost of the repair, not an upgrade.
• Repair the damaged part where you can rather than replacing a whole item.
• Consider the age of anything you replace. Charging full replacement for a carpet near the end of its life invites a dispute.
• Keep unpaid rent and other lease charges on separate lines from damage.

Texas puts the burden on you to prove each deduction was reasonable (Tex. Prop. Code § 92.109), and so does New York in a dispute (N.Y. Gen. Oblig. Law § 7-108(1-a)(f)). Price every line as if a judge will read the letter.

A plain template

Include your contact details, the renter's forwarding address, the rental address and tenancy dates, the deposit and any interest owed, each charge on its own line, the total, the refund or balance due, the attached documents and how to raise questions. A simple version:

[Date]

[Former renter's name]
[Forwarding address]

Re: Security deposit and damage charges for [rental address, unit]
Tenancy: [start date] to [move-out date]

Dear [Name],

This letter explains how your security deposit of $[amount]
was applied after you moved out on [date].

Charges for damage beyond normal wear and tear:
1. [Room and item]: [what was damaged]. [Work done].
   Cost: $[amount]. Receipt attached.
2. [Room and item]: [what was damaged]. [Work done].
   Cost: $[amount]. Invoice attached.

Other charges under the lease:
3. [Unpaid rent or other charge, with dates]: $[amount]

Total charges: $[amount]
Deposit [plus interest, if required]: $[amount]
[Refund enclosed / Balance you owe]: $[amount]

Move-in and move-out photos and copies of receipts are attached.
If you have questions or disagree with a charge, contact me at
[phone or email] by [date].

Sincerely,
[Name]

Adjust the template to your state. Florida, for example, requires the claim notice to be in substantially the form its statute sets out, stating the amount, the reason and the address for objections, so use that wording there (Fla. Stat. § 83.49(3)(a)).

Send it so you can prove delivery

Use a delivery method your state allows and keep proof. California's default is personal delivery or first-class mail, with email only by agreement (Cal. Civ. Code § 1950.5(h)(1)(B)-(C), (h)(6)). Florida requires certified mail, or email under a signed email addendum (Fla. Stat. § 83.49(3)). In Texas, a refund or accounting mailed with a postmark on or before the deadline is presumed on time (Tex. Prop. Code § 92.1041), and deposit notices may go by email if you and the renter have emailed each other before (Tex. Prop. Code § 92.113).

When damage is more than the deposit

State the balance owed, ask for payment by a date and offer a payment plan if that helps you collect. If the renter does not pay, you can consider small claims court. In Texas, if the lease required no deposit, you must give written notice of your claim for damages no later than the day you report it to a credit agency or debt collector, or you lose the right to collect it (Tex. Prop. Code § 92.110). See what to do when damage exceeds the deposit.

How Rentari helps

Rentari keeps lease documents, messages and maintenance history with each lease, so move-in records and repair invoices are easy to find when you prepare the letter. Rentari keeps the record; it does not decide what your state allows you to deduct.

Sources and further reading

• California Civil Code § 1950.5: security deposits
• New York General Obligations Law § 7-108: deposits
• Texas Property Code §§ 92.101 to 92.113: security deposits
• Revised Code of Washington 59.18.280: deposit statement and refund
• Revised Code of Washington 59.18.260: move-in checklist
• Florida Statutes § 83.49: deposit money or advance rent

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