Q: How soon can I take my landlord to small claims court to get my security deposit back . It’s been over 30 days .
Also do they have to give back double for not having it back on time?
A: Under NYS law, landlord's are required to retun a residential security deposit within 14 days of vacatuer and provide written notification of the reasons for any deductions from the security deposit. If it has already been 30 days, you may commence a Small Claims Case or contact the Attorney General: https://formsnym.ag.ny.gov/OAGOnlineSubmissionForm/faces/OAGRSHome;jsessionid=ex_T-NqnKtip6NSSXZIr4aNxUVYYz4lMPxLaXVa6tvbR6burMaGQ!-1695402604
Steven Warren Smollens and Daniel Michael Luisi agree with this answer
A: You may also considering serving the landlord or his attorney with a properly drafted pre suit demand letter. If effective, this can save you a lot of time and the cost of initiating a court action. As my colleague said, if 14 days have passed since move out and you have not been provided an itemized account of the alleged damage to the apartment, you may do this immediately.
Steven Warren Smollens agrees with this answer
A:
Dear Rochester Tenant:
Attorney Shay is correct that the new tenant security deposit statute requires the full return of the security deposit within 14 days after moving out.
Read about your rights as a tenant in your city and the right to the refund of the tenant security deposit within 14 days after moving out at:
https://www.rochester.edu/reslife/assets/pdf/offcampushousing/tenants_rights.pdf
As pointed out by Mr. Luisi, a nicely composed letter may solve the problem and if not, then you invest a little money and some time suing the old landlord in Small Claims Court.
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