Kansas Security Deposit Return Demand Letter Template

Under K.S.A. 58-2550, Kansas landlords have 30 days to return a security deposit. Draft a demand letter now that cites the law and pressures them to pay before you go to court.

Demand Letter Structure

[Your full name or company name]
[Mailing address]
[Email address]
[Phone number]
[Date the letter is sent]
[Recipient name or company name]
[Recipient mailing address]
[Re: Security Deposit Return — Demand for Resolution]
[Brief statement identifying the security deposit return dispute and the parties' relationship]
[Specific date, date range, or description of when the events occurred]
[Chronological, factual account of what happened, what was agreed, and how the recipient failed to perform]
[Citation to the contract, agreement, invoice number, or statute that supports the claim — optional but strengthens the letter]
[Specific demand — typically return of the security deposit, itemized where possible]
[Number of days the recipient has to respond — typically 7, 15, or 30 days from the date of the letter]
[Statement that, if the demand is not met by the deadline, the sender will pursue arbitration, mediation, or litigation]
This dispute is governed by the laws of Kansas.
[Sincerely / Respectfully,]
[Signature]
[Printed name and title]
[Supporting documents — for a security deposit return claim, typically the lease, move-in and move-out photographs, deposit receipt, written communications]
Generate a Demand Letter

Template Details

Claim Category
Security Deposit Return
Governing State
Kansas
Typical Use
Pre-litigation notice and settlement demand
Common Evidence
The lease, move-in and move-out photographs, deposit receipt, written communications

This template is provided for informational purposes only and does not constitute legal advice.

About Security Deposit Return Demand Letters

A Kansas security deposit demand letter is a formal notice a tenant sends to a landlord asking for the return of a security deposit that the landlord failed to refund within the 30-day deadline set by K.S.A. 58-2550. Under Kansas law, a landlord must return the deposit or provide a written, itemized list of deductions within 30 days after the tenant moves out and provides a forwarding address. If the landlord does not comply, the tenant can demand immediate return of the full deposit. Sending this letter is often a required step before filing a lawsuit in small claims court, which in Kansas handles claims up to $4,000. It puts the landlord on formal notice, creates a record of your efforts, and may prompt a quick settlement to avoid court. Given the statutory penalty of up to one and a half times the deposit for bad-faith withholding, a well-crafted demand letter can be persuasive.

An effective Kansas security deposit demand letter clearly identifies the parties, the rental property address, and the date the tenancy ended. It should cite K.S.A. 58-2550 and state that the 30-day period has passed without the required refund or itemization. The letter must demand the return of the full deposit, specify the amount, and include a deadline for the landlord to comply—typically 7 to 14 days. Attach supporting evidence such as a copy of the lease, move-in and move-out photographs, the deposit receipt, and any written communications that show the landlord’s failure to refund. Mentioning that you will pursue the claim in small claims court (where you can sue for up to $4,000) and note the possible penalty of 1.5 times the deposit can increase pressure. Finally, the letter should be sent by certified mail with return receipt requested to document the demand, as proof of delivery may be required if you later file in the District Court’s small claims division.

Frequently Asked Questions

Under K.S.A. 58-2550, a Kansas landlord must return the security deposit or provide a written, itemized statement of any deductions within 30 days after the tenant moves out and gives a forwarding address. If the landlord fails to do so, they forfeit the right to keep any portion of the deposit and the tenant can demand the full deposit. The 30-day clock starts only after the tenant provides a forwarding address, so be sure to send that in writing. If the landlord misses this deadline, a demand letter warning of further action is the logical next step.

In Kansas, the statute of limitations for breach of a written lease is five years under K.S.A. 60-511. Since a security deposit claim typically arises from a written rental agreement, you generally have five years from the date the landlord wrongfully withheld the deposit to file a lawsuit. For oral leases, the limit may be three years. It’s wise to act promptly, though, as evidence and memories fade. A demand letter sent soon after the 30-day deadline can help document the dispute and preserve your rights.

Kansas small claims court, which operates as a division of the District Court, allows individuals to sue for amounts up to $4,000. This makes it ideal for most security deposit claims, which typically fall well under that limit. If your deposit exceeds $4,000, you may still sue in small claims but will only recover up to $4,000, or you can file a regular civil case. The demand letter should reference this limit to show you know your options.

Attach copies of the lease agreement, the security deposit receipt, move-in and move-out photographs showing the condition of the property, any written communications with the landlord (texts, emails, letters) about the deposit, and proof that you provided a forwarding address. Photographs are especially important to dispute any damage claims. Under Kansas law, the landlord must provide an itemized deduction list; if they haven’t, note that in your letter. Keep all originals—send copies only.

Address it to the party that held your security deposit and controlled the lease. If you rented from an individual landlord, send it to that person. If from a property management company or LLC, send it to the business entity, often to the attention of a specific person if you know one. You can look up the official name on your lease or the Kansas Secretary of State’s business entity database. Sending it to the wrong entity could delay a response, so verify the correct legal name and address.

State the amount of the deposit you are demanding, the move-out date, and that the 30-day deadline under K.S.A. 58-2550 has passed without a refund or proper itemization. Demand the full return of the deposit within a specific number of days (e.g., 14 days) and threaten legal action in small claims if they don't comply. Mention the statutory penalty of up to one and a half times the deposit for bad-faith withholding. Keep a professional tone and attach evidence. This shows you know the law and are prepared to enforce it.

Yes. Kansas law under K.S.A. 58-2550 allows a tenant to recover not only the wrongfully withheld deposit but also damages of up to one and a half times the deposit if the landlord’s failure to comply was in bad faith. For example, if the deposit was $1,000, you could potentially get $2,500 total. You must prove bad faith—like no itemized list, no damages, or ignoring your demands. Your demand letter should mention this possibility to encourage a quick settlement.

If your Kansas landlord ignores your demand letter, you can file a small claims action at your local District Court. Fill out a small claims petition (forms are online), pay a filing fee (around $90, but fee waivers available for low income), and serve the landlord. Bring all your evidence to the hearing. The judge will apply Kansas law and can award the deposit plus up to 1.5 times the amount in damages. Ignoring the letter doesn’t make the claim go away—it strengthens your case that the landlord is acting unreasonably.

Kansas small claims rules don’t explicitly require a demand letter before filing, but it’s strongly recommended. Sending a demand letter shows the judge you tried to resolve the matter out of court, which may help your case. It also gives the landlord a final chance to pay, saving you time and the filing fee. Your letter should clearly state your legal grounds and set a reasonable deadline. If the landlord fails to comply, you’ve created a clear record of their refusal.

Under K.S.A. 58-2550, a landlord may not demand a security deposit exceeding one month’s rent for an unfurnished dwelling unit, or one and one-half month’s rent for a furnished unit. If your landlord charged more, the excess is illegal and you may be entitled to a refund of the overcharge. Mentioning this cap in your demand letter—if applicable—adds another legal argument. Keep in mind that this cap applies only to residential leases, not commercial.
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