What are my options if my landlord refuses to return my security deposit after I move out of my apartment in New York?

If your landlord is refusing to return your security deposit after you have moved out of your apartment in New York, you have some legal options available to you.

First and foremost, under New York law, your landlord is required to return your security deposit within a certain timeframe after you move out. The landlord must either return the full amount of the security deposit, or provide an itemized list of any deductions made from the deposit and the reasons for those deductions. This must be done no later than 14 days after the tenant has moved out.

If your landlord has failed to comply with this requirement, you may have grounds to file a lawsuit against them in small claims court for the amount of the deposit plus any additional damages. In order to do so, you will need to be able to prove that you are entitled to the return of your security deposit and that the landlord has refused to comply with their legal obligation to return it.

It is important to note that there are some exceptions to this rule. For example, your landlord may be entitled to deduct from your security deposit for any unpaid rent or damages that were caused by you or your guests. Additionally, the landlord may be entitled to keep a portion of the deposit if you violated the lease agreement in some way.

If you believe that your landlord's deductions or actions were unwarranted or excessive, you may be able to challenge them in court. However, it is important to gather and keep any evidence or documentation that supports your claim, such as photos of the apartment before and after you moved in, copies of any correspondence with the landlord, and any witness statements.

In addition to filing a lawsuit, you may also want to contact the New York State Department of State, Division of Licensing Services. This agency is responsible for overseeing the registration and regulation of real estate brokers and salespersons in the state. They may be able to assist you in resolving your dispute with your landlord or provide you with additional information and resources.

As always, it is recommended that you consult with a licensed attorney who is familiar with the laws and regulations of New York if you are unsure about your legal rights and options regarding your security deposit.