If it’s 90+ days after moving out, can my landlord still return only partial security deposit or am I now entitled to full amount since it took so long?
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If it’s 90+ days after moving out, can my landlord still return only partial security deposit or am I now entitled to full amount since it took so long?
After 90 days I still hadn’t received security deposit back or an itemized list explaining why it was withheld. I sent management an email asking why it was taking so long and they replied with an apology saying they would send me a check once I sent them my new address (which I had given 30 days before I moved but gave it again). A week later, I received my deposit back less $250, with a bill citing removal of furniture/debris left behind. But since they didn’t bother contacting/sending me anything for 90+ days and only after I asked.
Asked on April 13, 2012 under Real Estate Law, New York
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
New York does not give a specific time limit with in which landlords must return security deposits to former tenants like other states do. In New York it is with in a "reasonable time" and that determination is made on a case by case basis by the courts, not by you or me. Generally reasonable is between 30 and 60 days but again, it is not for you to decide. In New York the landlord may deduct for (a) as reimbursement for the reasonable cost of repairs beyond normal wear and tear, if the tenant damages the apartment; or (b) as reimbursement for any unpaid rent. If you believe that you have been wronged file a small claims action against them. Good luck.
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