What is the Security Deposit Return Process for NYC Tenants?

There are specific rules about when a landlord has to return a security deposit. If your landlord doesn’t want to play by the rules, a New York City rent dispute lawyer from our firm can help you stand up for your rights.

How Long Does a Landlord Have to Return a Security Deposit?

A landlord is supposed to return a security deposit within 14 days. This is more than enough time for them to survey the apartment and look for any legitimate reasons to deduct from the deposit. If a tenant has basically left the apartment in the same shape as it was when they moved in, the landlord is supposed to return the entire deposit to the tenant.

Can a Landlord Take Money Out Of a Security Deposit Before Returning It?

There are many legitimate reasons for a landlord to deduct some money from a security deposit before they return it. Unfortunately, there are also some unscrupulous landlords who will make deductions for no good reason and hope that the tenant doesn’t notice or care enough to pursue legal action.

A landlord can deduct from a security deposit if there is actual damage to the apartment. They cannot deduct for the routine wear and tear that a home is going to experience over one, two, or more years. They can deduct for things like:

• Repairs beyond normal wear and tear, like a hole in the wall or a broken window
• Removing items like furniture and other belongings that were left behind
• Any fees that were clearly outlined in the lease agreement
• Unpaid rent

It can be irritating to have a significant sum deducted from your security deposit, which is why you should do everything that you can to ensure that the landlord has no good reason to take money from you. You can protect yourself to an extent by:

• Taking photos of the apartment when you move in
• Keeping detailed records about when you asked the landlord for repairs
• Ensuring that all agreements are in writing

Taking these steps can prevent you from losing part of your deposit to unexpected fees and make it difficult for your landlord to blame pre-existing damage on you.

What Can I Do If My Landlord Doesn’t Return My Deposit?

If your landlord does not return your deposit within 14 days, the first step is reaching out to them. You can do this by certified letter if you wish to make things official. If you do not hear a response, then it’s time to make a claim against them.

This matter is often handled by a small claims court. You make the complaint and your landlord responds. Gathering as much evidence as you can, including correspondence with your landlord, can help you make your case.

Talk to a Lawyer Today

So if you have questions about the security deposit return process or you suspect that the landlord has violated local laws, contact Robert Rosenblatt & Associates. A lawyer can tell you more about your rights as a tenant and if they have been violated.