Sample Fictional case · names and addresses blurred
November 1, 2026
Owen [redacted]
[redacted]
Brunswick, ME 04011
Lydia [redacted]
[redacted]
Cary, NC 27519
Re: Demand for return of security deposit — [redacted], Raleigh, North Carolina 27606
Dear Ms. [redacted]:
I demand return of the remaining $1,050.00 of my security deposit.
I rented [redacted], Raleigh, North Carolina 27606, under a lease from August 1, 2025, through July 31, 2026. I moved out and returned possession on July 31, 2026. I paid a $1,400.00 security deposit and received a $350.00 refund and an itemized statement on September 17, 2026.
Under N.C. Gen. Stat. § 42-52, you were required to return my security deposit or send an itemized list of deductions by August 30, 20261. You did neither by that deadline. The partial refund and itemized statement were provided on September 17, 2026, 18 days late. This deadline violation is independent of my objections to the deductions.
Under N.C. Gen. Stat. § 42-55, if a judge finds that your failure to follow the deposit rules was willful2, you lose the right to keep any part of the deposit, and the court may award me reasonable attorney’s fees. These consequences are not automatic; only a judge can find willfulness.3
I dispute the entire $750.00 carpet-replacement charge. The carpet was already worn when I moved in, and I have move-in photos showing that wear.4 Under N.C. Gen. Stat. §§ 42-51(a), 42-52, deductions must be for permitted purposes, cannot include normal wear and tear5, and cannot exceed actual loss. I dispute charging me to replace carpet because of wear that existed before my tenancy.
I also dispute the entire $300.00 cleaning charge. I thoroughly cleaned the home before leaving and have photos showing its cleaned condition. Under N.C. Gen. Stat. §§ 42-51(a), 42-52, a cleaning charge must qualify as a permitted use of the deposit and cannot exceed actual loss. Listing the charge on an itemized statement does not establish that it was justified.
The disputed charges total $1,050.00: $750.00 for carpet replacement plus $300.00 for cleaning. That also equals my $1,400.00 deposit less the $350.00 returned. Under N.C. Gen. Stat. § 42-55, I can recover the unpaid balance attributable to improper deductions. If both disputed deductions are found improper, that balance is $1,050.00.
To resolve this matter now, I request payment of $1,050.00 by November 15, 20266. Please mail a check or money order to my address above.
I would prefer to resolve this matter without litigation.
If I do not receive payment by November 15, 2026, I will file a complaint in small claims court without further notice.
Sincerely,
____________________________
Owen [redacted]