Disputes over security deposits are very common in New York small claims courts. If you are a tenant renting in New York and your landlord refuses to return your security deposit within 14 days of you moving out, you have legal options available under New York security deposit law. You can also send a security deposit demand letter and if all that fails you can choose to sue your landlord in New York small claims court.
Did you know we have a free tool powered by AI that helps you create a security deposit demand letter to your landlord? Check out our demand letter tool.
A demand letter is a letter that outlines your requests to your landlord. There are three important reasons why you should send a security deposit demand letter before filing a lawsuit in New York small claims court:
New York security deposit law states that your landlord has 14 days from when you move out to return your security deposit. If your landlord has not returned your security deposit within 14 days of you moving out you may want to consider sending a New York security deposit demand letter.
Did you know we have a free tool powered by AI that helps you create a security deposit demand letter to your landlord? Check out our demand letter tool.
Below is a sample New York security deposit demand letter, asking a landlord to return a security deposit. To be effective, your letter should answer the following questions:
Send your New York security deposit demand letter to your landlord via email or mail. For letters that you mail, consider the following:
Below we have summarized and answered some of the most common questions regarding New York Security Deposit Laws.
In New York, security deposit law dictates that the max a landlord can request in security deposits is equal to 1 month's rent. New York General Obligations section 7-108(1)(a).
According to New York security deposit law, your landlord has 14 days to provide you and any co-tenants with an itemized statement explaining the grounds for all of the security deposits kept as well as any amount of the security deposit not kept. If the 14 days go by and your landlord has not given you the statement and remainder of the security deposit, they lose any right to keep a portion of the security deposit and must return it to you in full. New York General Obligations section 7-108(1)(e).
Under New York security deposit law, if any landlord is found to be violating any of the above provisions, they are liable for the actual damages (the amount of the security deposit). Even worse, if a landlord is found to have purposely and knowingly violated any of these provisions, then they are liable for punitive damages up to twice the amount of the security deposit on top of the actual damages they are responsible for.New York General Obligations section 7-108(1)(g).
If your landlord doesn’t respond to your New York security deposit demand letter, you have several options including filing a complaint against your landlord with the New York Attorney General or suing your landlord in New York small claims.
The New York Attorney General handles a wide range of disputes, which include consumer complaints and landlord-tenant issues. For example, New York’s Attorney General investigates complaints against landlords for failing to return security deposits.
How to file a complaint with the New York Attorney General:
If you are unable to settle your dispute with your landlord out of court, consider taking your landlord to New York small claims court. New York small claims court is an affordable and efficient way for tenants to resolve disputes against landlords. For example, if you want a landlord to return your security deposit and the landlord refuses to return it you can sue for the security deposit in New York small claims court. Small claims judges tend to be very experienced with New York rental security deposit law as security deposit cases are very common in small claims.
Legal Educator at JusticeDirect. Camila holds a law degree and is a certified mediator. Her passion is breaking down complicated legal processes so that people without an attorney can get justice.
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