This Demand Letter for Return of Security Deposit is a document that a tenant can use to demand for the return of the security deposit. This can be used when the landlord fails to return the security deposit after the tenant moves out of the leased property upon the end of the lease period and, if applicable, within the period agreed upon.
A demand letter is necessary to put the landlord at default. If the landlord fails to pay within the period stated in the demand letter, he shall be considered in default and he shall be liable for the payment of interest, among others.
This document can also be used to request for the return of the security deposit at an earlier time than that agreed upon.
Finally, this document assumes that the tenant has moved out and that there is no damage to the property nor any unpaid rent.
How to use this document
The user should first establish whether the landlord and the tenant agreed on a period within which the security deposit should be returned. If the period is a certain amount of time after the tenant moves out, the user can choose whether the document will be a demand letter or a request letter. If there is no agreement as to the period or if the agreement is that the security deposit will be returned when the tenant vacates the property, the letter will automatically be a demand letter.
The user will also be asked whether there is a written agreement evidencing the stipulation for the return of the security deposit (the "stipulation"), and if so, the name or title of the written agreement and the date when it was entered into will also be asked.
Regardless of the type of document, the user will be asked to fill in general information such as the name and address of the tenant, the amount of security deposit that should be returned, the address of the leased property, and the period of the lease, and the name of the tenant.
Once the document is finished, the tenant should sign the document. The document can be sent to the landlord personally, by mail or email.
Laws on contracts and obligations are generally governed by the Civil Code of the Philippines.
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