Skip to main content
Fulltext search
FILTER RESULTS BY:
RECOMMENDED IN RENT
Moving to NYC after college? Here's how to find a rental apartment
RECOMMENDED IN BUY
How buying real estate in NYC is unlike anywhere else
RECOMMENDED IN SELL
A guide to using a no-fee renovation loan from a NYC real estate firm
RECOMMENDED IN IMPROVE
How to make your NYC renovation more pet-friendly
BEST REAL ESTATE WEBSITE!
National Association of Real Estate Editors
BEST REAL ESTATE WEBSITE! National Association of Real Estate Editors
Brick Underground
Social Links
follow:
  • Facebook
  • Twitter
  • Instagram
  • Flipboard
  • search
Brick Underground
☰ Brick Underground
Brick Underground
Brick Underground
☰
Brick Underground
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
    213 29th St. in Greenwood
    Buy
    We want to buy a Brooklyn townhouse under $2 million. Should we consider a one- or two-family house?
    three-bedroom condo in Brooklyn Heights asking $2.895 million
    Sell
    How much does moving to the suburbs cost vs. staying in NYC?
    15 Jay St., #PH, a three-bedroom condo in Tribeca
    Co-ops
    The pros and cons of owning a NYC penthouse apartment
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    89 Maspeth Avenue
    Rent
    Housing lottery launches for 217 rent-stabilized units in East Williamsburg
    View of Manhattan skyline from Gantry Plaza State Park
    Rent
    Why we moved to NYC from Toronto: A job promotion gave us the chance to start over
    apartment building in Harlem
    Rent
    I need a guarantor, but my roommate meets the NYC landlord’s income requirements on her own. What should we do?
    Sponsored By PandaGuarantee
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    three-bedroom condo in Brooklyn Heights asking $2.895 million
    Sell
    How much does moving to the suburbs cost vs. staying in NYC?
    Billionaires Row in Manhattan
    Sell
    Median price for Manhattan co-ops and condos stuck at $1.25 million in the third quarter
    Aerial View of Bedford-Stuyvesant
    Sell
    Brooklyn median sales price rose to $1.15 million on fewer deals in the third quarter
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    175 East 79th St
    Live
    Schwartz & Gross's 175 East 79th St: An imposing façade relieved by Renaissance-style designs
    The Lonely George and Annie Smith Mansion - 1033 Fifth Avenue
    Live
    The Smith Mansion at 1033 Fifth Ave: A dignified Beaux Arts design sandwiched between apartment buildings
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    Gloved person working on a door lock
    Products + Services
    NYC Door & Lock Laws: Requirements & Tenant Rights
    Sponsored By Mr. Locks
    Elevated view of busy New York City avenue
    Renovation
    What NYC co-op and condo boards can do about higher insurance premiums
    stacked washer/dryer condo in a bathroom
    Renovation
    Can I install a washer/dryer combo in my NYC co-op?
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Gloved person working on a door lock
    Products + Services
    NYC Door & Lock Laws: Requirements & Tenant Rights
    Sponsored By Mr. Locks
    Brick NYC apartment buildings with fire escapes
    Affordable Housing
    Ask Altagracia: What are the rules for evicting rent-stabilized tenants in NYC?
    Sponsored By Outerbridge Law P.C.
  • Brick Report
  • About Us
  • About Us
Email address
Fulltext search
FILTER RESULTS BY:
New Main menu
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
  • Brick Report
  • About Us
    • About Us
    • Advertise
  • About Us
SUBSCRIBE TO OUR NEWSLETTER →
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Ask Altagracia [ SPONSORED ]

Ask Sam: I’m still waiting for my landlord to return my security deposit. What can I do?

By Himmelstein McConnell Gribben & Joseph LLP  | August 18, 2021 - 1:30PM
image

Getting your deposit back may be easier if you patch up any wear-and-tear in your apartment before moving out. 

iStock

I moved out weeks ago and still don't have my security deposit back. I thought my landlord had to return it within two weeks. Can I take him to court?

It’s true that your landlord is legally obligated to return your deposit within 14 days, but it’s usually not cost-effective to hire an attorney to take him to small claims or civil court if he misses the deadline, says Sam Himmelstein, a lawyer with the firm Himmelstein, McConnell, Gribben, Donoghue & Joseph who represents residential and commercial tenants and tenant associations.

First, it helps to understand the laws around security deposits. Changes to the law in 2019 capped the deposit at one month’s rent; the new laws also created specific rules for how and when landlords must return deposits.

In addition, the city’s Real Property Law provides for inspections to be made at the start and end of rental leases: Landlords are supposed to give tenants the chance to have their rentals inspected before they move in, as well as when they vacate. If landlords find that the apartment has been damaged, they are required to give tenants an itemized list of the claims they will deduct from the security deposit.

“I don’t see this complied with much,” Himmelstein says. “But the law says that the landlord has to return the security deposit unless the damage caused by the tenant is beyond normal wear and tear. I advise tenants to patch up holes in the walls, and to paint any damaged areas with a matching paint color if they can. Whatever you can fix, fix, and take pictures or video of every section of the apartment immediately before you vacate, after all possessions have been removed.”

This will help you to push back if your landlord tries to withhold part or all of your deposit. And even if you haven’t had your apartment inspected, your landlord is still obligated to get your money back to you within two weeks.

“Within 14 days of the tenant vacating, the landlord is required to provide you with an itemized statement and return the remaining portion of the deposit,” Himmelstein says. “The burden of proof is on the landlord.”

If your landlord is not cooperating with this law, however, you may find that it is not financially worthwhile to pay an attorney to take them to court and get your deposit back. And suing your landlord in small claims court can be an extremely slow process. There are other options, though.

“The Attorney General has a bureau that mediates these disputes, which we hear anecdotally is pretty effective,” Himmelstein says. “Most of the time it works out. There’s something about being hauled before a law enforcement agency that gets the landlords to comply.” (You can file an online complaint about your landlord with the Attorney General.)

And if you do decide to take your landlord to court over this issue, there’s a chance you could not only get your deposit back, but also recover damages and legal fees.

“Most leases have a clause entitling the tenant to recovering legal fees if they’re successful in suing their landlords,” Himmelstein says. “And if they win, they could also collect damages up to twice the amount of the security deposit.”

Related: 

Ask Sam: Can my landlord withhold my security deposit in exchange for an extra free month? (sponsored) 

Ask Sam: I paid last month's rent when I moved in. Now that I'm leaving, can my landlady make me pay more? (sponsored) 

Ask Sam: Can a landlord ask for the last two months' rent upfront? (sponsored) 

Read all our Ask a Renters Rights Lawyer columns here.


Sam Himmelstein, Esq. represents NYC tenants and tenant associations in disputes over evictions, rent increases, rental conversions, rent stabilization law, lease buyouts, and many other issues. He is a partner at Himmelstein, McConnell, Gribben, Donoghue & Joseph in Manhattan. To submit a question for this column, click here. To ask about a legal consultation, email Sam or call (212) 349-3000.

Alanna Schubach

Alanna Schubach

Contributing writer

Contributing editor Alanna Schubach has over a decade of experience as a New York City-based freelance journalist.

SEE MORE BY Alanna Schubach »
Brick Underground articles occasionally include the expertise of, or information about, advertising partners when relevant to the story. We will never promote an advertiser's product without making the relationship clear to our readers.

topics:

Ask Altagracia landlords security security deposit tenants tenants' rights
BRICK’S PICKS
three-bedroom condo in Brooklyn Heights asking $2.895 million
How much does moving to the suburbs cost vs. staying in NYC?
NYC brownstones
You bought a NYC townhouse. How are you going to manage it?
Apartment buildings in Lower Manhattan
Which repairs are co-op and condo owners responsible for? What do buildings take care of?
stacked washer/dryer condo in a bathroom
Can I install a washer/dryer combo in my NYC co-op?
one-bedroom unit at 365 West 23rd St.
A pied-à-terre purchase checklist: What to consider if you're buying a part-time place in NYC
A kitchen with stainless steel appliances and counter tops and wood floor
11 things NYC landlords are required to provide, and 11 they’re not that might surprise you
Follow Brick on Instagram
@brickunderground | #brickunderground
Brick UndergroundBRICK UNDERGROUNDREAL LIFE. REAL ESTATE. REAL NEW YORK.
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Main menu footer
  • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide

Get more news you can actually use...

Email address

Delivered to your inbox weekly - for free.

*By signing up you agree to receive occasional emails on behalf of our sponsors

Footer Menu
  • About Us
  • Advertise

Copyright 2009-2024 by BND Ventures Inc | Privacy Policy | Terms of Service | Ad Choices | Login | Powered by Mortar CMS, the AI CMS