If you’re renting an apartment in New York, you paid a security deposit before moving in. But what happens to that money when your lease ends? Too often, tenants find themselves in frustrating disputes with landlords over withheld deposits. Understanding your rights can make all the difference.
At Kohan Law Group, we’ve seen firsthand how security deposit issues escalate into legal battles. Here’s what you need to know as a tenant in New York.
What Is a Security Deposit?
A security deposit is money you give your landlord at the beginning of your tenancy, usually equal to one month’s rent. It’s meant to cover damages beyond normal wear and tear or unpaid rent. But it’s not for routine repairs or property upgrades.
Under New York’s Housing Stability and Tenant Protection Act, strict rules govern how landlords handle security deposits. If your landlord breaks those rules, you may be entitled to legal remedies.
Your Rights as a Tenant
New York law gives you several protections when it comes to your deposit:
- Limit on Amount: Landlords can only collect up to one month’s rent as a security deposit for residential leases.
- Separate Account: Deposits must be held in an individual, interest-bearing account if the building has six or more units.
- Written Notice: The landlord must tell you the name and address of the bank holding your deposit.
- Inspection Rights: Within one week of move-in and move-out, you have the right to request a walk-through to document the condition of the unit.
- Itemized Statement: If any portion of your deposit is withheld, the landlord must provide an itemized list of deductions within 14 days after you move out.
If your landlord fails to follow these steps, they may lose the right to keep any portion of the deposit.
Common Disputes Tenants Face
Security deposit disputes typically fall into a few categories:
- Improper Deductions: Charging for ordinary wear and tear (e.g., faded paint or minor scuffs on the floor) is not allowed.
- No Explanation Given: Landlords sometimes keep part or all of a deposit without providing a written breakdown.
- Delay in Return: If you don’t receive your deposit—or a valid explanation—within 14 days, the landlord is in violation.
- Pre-existing Damage: You might be blamed for damage that was already there when you moved in.
These situations are not only frustrating—they’re legally questionable. Fortunately, you have options.
What You Can Do
If you’re worried about getting your deposit back, here are a few steps you can take:
- Document Everything: Take photos when you move in and out. Keep copies of your lease, communication with your landlord, and any repair receipts.
- Request a Walk-Through: Ask for a move-out inspection and compare it to the condition report from move-in.
- Send a Formal Demand: If your deposit isn’t returned within 14 days, send a written request with a deadline for repayment.
- Seek Legal Help: If the landlord still refuses to comply, you may be able to sue in small claims court or pursue legal action for violations under New York law.
At Kohan Law Group, we help tenants recover deposits that were wrongfully withheld and hold landlords accountable. In some cases, tenants may also be entitled to legal fees or additional damages if the landlord acted in bad faith.
Don’t Let a Landlord Take Advantage
Security deposits are not optional charity for landlords; they are your money. If a landlord violates your rights, ignores the law, or tries to keep your deposit without justification, you don’t have to accept it.
We work with tenants across New York City, Long Island, and the surrounding counties who are dealing with deposit disputes and other rental issues. Whether your lease ended last week or a few months ago, we can help you determine if legal action is appropriate.
Call Kohan Law Group Today
If you’re dealing with a security deposit dispute or have questions about your rights as a tenant, we’re here to help. Our attorneys know New York’s housing laws and fight to protect tenants like you. Contact us to schedule a consultation and determine your next steps.