Protecting Your Rights as a Tenant or Landlord
Security deposits are meant to protect landlords from unpaid rent or property damage, but they’re also one of the most common sources of conflict between landlords and tenants in New York. Whether you’re a tenant who didn’t get your deposit back or a landlord dealing with unfair claims, a disagreement over a security deposit can quickly escalate.
At Kohan Law Group, we help both tenants and property owners understand their rights and resolve disputes efficiently, both inside and outside of court. Contact us today to consult an experienced landlord-tenant attorney.
Common Reasons for Security Deposit Disputes
Security deposit disagreements often arise at the end of a lease, but the issues can begin much earlier. Common reasons include:
- Landlords claiming damage beyond normal wear and tear
- Tenants disputing deductions for cleaning or repairs
- Deposits not returned within the required timeframe
- Lack of an itemized statement explaining deductions
- Misunderstandings about unpaid rent or broken lease terms
In many cases, one party fails to document the condition of the property properly, or simply doesn’t know what the law requires.
What New York Law Requires
New York law is clear about how security deposits must be handled. Under General Obligations Law § 7-108 (or § 7-107 for rent stabilized tenants), landlords must treat the deposit as the tenant’s property—held in trust, not used as personal funds. For buildings with six or more units, the deposit must be kept in an interest-bearing account, and the tenant must be notified of the bank’s name and account number.
When a lease ends, landlords have 14 days to return the deposit along with an itemized statement of any deductions. Failing to follow this rule could result in the landlord being required to return the full deposit—or even face legal penalties.
On the tenant side, proving that a deduction was unfair often comes down to showing the unit’s condition at move-in and move-out. Photographs, emails, and the lease itself can be key pieces of evidence in a dispute.
How We Help Resolve Deposit Disputes
At Kohan Law Group, we represent both landlords and tenants in deposit-related disputes throughout New York City and Long Island. We start by reviewing the lease, any correspondence between the parties, and documentation of the rental property’s condition.
Our services include:
- Analyzing lease terms and deposit handling
- Negotiating repayment or settlement
- Drafting demand letters for return of deposit
- Defending against improper claims in court
- Pursuing claims in Small Claims Court, Supreme Court, or Housing Court
We understand the time-sensitive nature of these disputes. Whether you’re a landlord facing accusations of wrongdoing or a tenant trying to recover withheld funds, we work quickly to assert your rights.
Local Experience That Makes a Difference
Security deposit laws are enforced across New York, but how they’re applied can vary depending on the location, lease type, and property status. We regularly represent clients in Brooklyn, Queens, Manhattan, Nassau County, and Suffolk County—and we’re well-versed in local housing court and Supreme Court procedures.
If your rental is subject to rent stabilization or other unique rules, we’re prepared to address those complexities. Our attorneys bring not only legal knowledge but a practical understanding of how landlord-tenant disputes are resolved in your community.
Take Action If You’re Owed or Disputing a Security Deposit
Security deposit issues don’t go away on their own—and waiting too long can weaken your case. Whether you’re a tenant who deserves a full refund or a landlord who followed the law and is now facing an unfair challenge, legal guidance can make all the difference.
Contact Kohan Law Group today to schedule a consultation. Let’s resolve your dispute and protect your rights.