How Can I Address Security Deposit Conflicts in NYC?

There is always a potential for conflict between a tenant and their landlord, but one of the biggest potential sticking points is the security deposit paid when you move into a new space. There are many rules about these deposits, how they should be handled, and how they should be returned at the end of a tenancy. Disagreements can quickly lead to security deposit conflicts, and any NYC tenant should be aware of how to deal with these issues. A New York City tenants’ rights lawyer from our firm can help you stand up for yourself and avoid being ripped off.

What Are Some Common Types of Security Deposit Conflicts?

There are a few types of security deposit conflicts that are all too common. Some issues that tenants are likely to face include:

Being charged too much for a deposit: When you live in a rent-stabilized apartment, the landlord cannot charge more than a month’s rent for the security deposit. If you were overcharged, you should double-check the status of your residence and address this with the landlord.

Arguments over deductions: The landlord is only supposed to deduct from your security deposits for major repair work that needs to be done. They cannot take money out because the apartment experienced normal wear and tear.

Not receiving the deposit back at all: A landlord is supposed to return your deposit within 14 days along with a statement concerning any deductions made.

Lease renewals: You can be asked to add to your security deposit when renewing a lease. If the rent raises, so can your deposit. This often causes confusion.

Foreclosures and building sales: Whoever takes ownership of your building needs to be responsible for valid leases and security deposits.

How Can Tenants Address Security Deposit Conflicts WIth Their Landlords?

The first step should be talking to your landlord about the issue. We recommend sticking to written communication, like a letter, e-mail, or text message. This can help you document their responses in case the conflict escalates.

If the landlord does not want to address the issue or make things right, that’s when it may be time to file a complaint. Complaints related to security deposit conflicts are usually filed with the state Attorney General or the NYS Homes and Community Renewal, also known as HCR.

Do I Need an Attorney?

While security deposit conflicts rarely lead to court dates, it can be beneficial to at least meet with a lawyer who knows housing issues in NYC. A lawyer from our firm can help you gather the needed evidence to make your case and tell you where your specific type of complaint should be filed.

Contact Our Law Firm

So if you are engaged in any security deposit conflicts with a current or former landlord, we want to help you. Contact Robert Rosenblatt & Associates to schedule a consultation. We can tell you more about your legal options and what we can do for you.