Queens, NY asked in Landlord - Tenant for New York

Q: How can i get my security deposit back from my building landlord

They are refusing to give it to me. They are stating i did “damages” and stayed for 4 days in building before moving and stating i am responsible for the entire month’s rent. My lease ended nov 30. I moved Nov 4. They took pictures of apartment after i moved and stated i did damages when they were remodeling. The landlord also lied and said once i hand the key in they would send me the security deposit.

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2 Lawyer Answers
Daniel Michael Luisi
Daniel Michael Luisi
Answered
  • BROOKLYN, NY
  • Licensed in New York

A: Under NY law, the landlord must return the full security deposit to you unless he provided an itemized list of damage charges within 14 days of move out. Whether the list they sent qualifies under the law is a legal question. It may be worth it to retain an attorney to serve him with a pre-suit demand letter for the amount of the deposit.

1 user found this answer helpful

Steven Warren Smollens
Steven Warren Smollens
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: Dear Queens Tenant:

If the landlord provided to you with a written itemization of the claimed damages within 14 days after you moved out and deducted the amount of claimed expenses for the alleged damage, you need to sue the landlord to recover the security deposit.

If the landlord did not do so within 14 days after you moved out you are entitled to the return of the full security deposit even if you did damage the apartment.

https://www.nyc.gov/content/tenantprotection/pages/new-protections-for-all-tenants

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