What are my options if my landlord is refusing to return my security deposit after I have vacated the property in New York City?
If your landlord is refusing to return your security deposit after you have vacated the property in New York City, you have several options available to you:
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Send a demand letter: You can send a demand letter to your landlord, stating that you have vacated the property and requesting the return of your security deposit. Be sure to include the amount of the security deposit and a deadline for when you expect to receive it. It is recommended that you send the letter via certified mail with return receipt requested, so that you have proof of delivery.
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File a complaint with the New York State Attorney General's Office: If your landlord fails to return your security deposit after receiving your demand letter, you can file a complaint with the New York State Attorney General's Office. The Attorney General's Office will investigate your complaint and may take legal action against your landlord if necessary.
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Sue your landlord in small claims court: If your security deposit is less than $5,000, you can file a lawsuit against your landlord in small claims court. You will need to fill out a small claims court petition and pay a filing fee. You will also need to provide evidence that you have requested the return of your security deposit and that your landlord has refused to return it.
It is important to note that there are some limitations and exceptions to these options. For example, your landlord may be entitled to withhold a portion of your security deposit to cover unpaid rent or damages beyond normal wear and tear. Additionally, if you have violated the terms of your lease agreement, your landlord may be able to withhold your security deposit.
If you are considering pursuing legal action against your landlord, it is recommended that you consult with a licensed attorney who can provide you with advice specific to your situation.