Under New York law, every tenant is entitled to have their security deposit returned to them after the end of their lease, unless it has been used to pay for repairs. Despite this, tenants often struggle to get their security deposit back from their landlords. What does it mean to have a right to your security deposit back, and what can you do when your landlord refuses to cooperate and give it back?
What is a Security Deposit?
Your security deposit is an additional payment you give to your landlord when you first rent an apartment. However, unlike your rent, the deposit is merely held by your landlord, and is meant to be used to pay for any needed repairs other than regular maintenance on your apartment upon your departure from the apartment. At the end of your lease, your landlord is supposed to release the remainder of your security deposit back to you.
How Much of Your Deposit Should Be Returned to You?
Any portion of your security deposit that your landlord does not use for legitimate repair or maintenance expenses must be returned to you at the end of your lease. This means that your landlord must be able to show that the deposit was used for legitimate expenses. It also means they must be able to produce receipts showing how the money was spent, upon request.
How Landlords Try to Keep Your Deposit
There are many ways landlords will try to get away with keeping a tenant’s security deposit when they are not otherwise entitled to keep it. They may overcharge for repairs, for example, or charge for repairs that the landlord is supposed to cover out of pocket. They may falsify repair costs, or charge for repairs that were never completed. Some landlords will simply refuse to return the deposit, without providing a valid rationale for their actions.
What Should You Do?
If you struggle to get back your security deposit from your landlord when you are legally entitled to get it back, you should speak to a lawyer with experience handling landlord-tenant disputes. They can review your case and help you get the justice you deserve. The sooner you call, the sooner they can get to work on your case.
If you are in a dispute with your landlord and want to know more about protecting yourself, do not wait until it is too late. You should seek advice from an attorney experienced in handling landlord-tenant disputes, who can advise you on your rights and help you avoid the risk of eviction. Contact the skilled landlord-tenant attorneys at Hobson-Williams, P.C. Contact us online, toll-free (866) 825-1529 or (718) 210-4744 to discuss your rights and the solutions available to you.
