What canI do if it has been over 6 weeks and I have not received my security deposit?

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What canI do if it has been over 6 weeks and I have not received my security deposit?

In my lease contract, it was stated that my security deposit would be returned within 30 days. The rental office even checked out the place before we left and said everything was good and we would receive the deposit within 30 days. I called the rental office under the management but all they do is give me the number to the mgt with no other help. I have tried contacting the management many times and left messages but no one has called me back regarding this nor has anyone even picked up. I’ve been contacting them for the past 2 weeks to no avail. What should I do?

Asked on October 27, 2010 under Real Estate Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Here is the law: the landlord must return the security, less any lawful deduction, to the tenant at the end of the lease or within a reasonable time thereafter.  Your lease gave a specific time frame here so you are even in better shape contractually than the 30 to 60 day that the law will allow.  Reasonableness, though, is up to the courts to decide or the State attorney General's Office, whom you can contact here for help:  (212) 416-8000.  Try them and see what they can do for you before you take these people to small claims court. They may be able to make a call and the money may appear.  No one likes to be on the rceiveing end of a call from them. Good luck.

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