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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption