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Commonly Asked Questions about Unreturned Security Deposits

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. Recovering Rent Security Deposits and Interest | New York New York State Attorney General (.gov) tenants-homeowners tenants rec New York State Attorney General (.gov) tenants-homeowners tenants rec
New York City Rent Stabilization Code, Section 2525.4 Tenant Protection Regulations, Section 2505.4 New York City Rent and Eviction Regulations, Section 2205.5 New York State Rent and Eviction Regulations, Section 2105.5 Housing Stability and Tenant Protection Act of 2019 A security deposit should not be used as a Renting an Apartment - Security Deposits and Other Charges Homes and Community Renewal - NY.gov 2020/10 fact-sheet-09-10-2019 Homes and Community Renewal - NY.gov 2020/10 fact-sheet-09-10-2019
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. Rent Security Deposits and Interest in New York City Small New York State Attorney General (.gov) sites default files rentse New York State Attorney General (.gov) sites default files rentse PDF
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. Residential Tenants Rights Guide - New York State Attorney General New York State Attorney General - NY.gov sites default files tenantsrights New York State Attorney General - NY.gov sites default files tenantsrights
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.
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.
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.
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.