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Commonly Asked Questions about Unreturned Security Deposit

This law provides certain protections for tenants and responsibilities for landlords when dealing with security deposits. Some key provisions of Section 7-103 include: Landlords cannot demand a security deposit that is more than 1 months rent for an unfurnished apartment or 2 months rent for a furnished apartment.
For tenants in units that are not rent stabilized or rent controlled, the landlord must return the security deposit within 14 days of the tenant moving out. If the landlord takes any money out of the security deposit for damages, they must provide an itemized receipt describing the damage and its cost.
Landlords who accept a security deposit from a tenant are required to hold the deposit in trust for the tenant and may not mingle the tenants security deposit with the landlords personal money or otherwise have it become the landlords asset. N.Y. GOL 7-103.
New York state anti-harassment laws make it illegal for landlords to engage in any action that is intended to force tenants to leave their homes or otherwise give up their rights under law.
New York State law requires security deposits to be returned in full. As their purpose is only to cover any damages if they have occurred during the tenancy, security deposits should remain intact.
Small claims courts can award judgments no higher than $5,000. In order to recover a larger sum, you will have to bring your suit in civil court. If you seek to recover your rent security deposit, note that the landlord is entitled to withhold a sum to cover any unpaid rent and/or tenant-caused damage to the apartment.
Filing suit in small claims court The clerks at small claims court can assist with your filing. Consider whether a small claims action is likely to result in a paid-up judgment if you win.
Before they can raise your rent (by 5% or more), the landlord must give you: 90 days notice if you have lived in your apartment two years or more. 60 days notice if you have lived in your apartment for more than one year. 30 days notice if you have lived in your apartment for less than one year.