When Can I Bring Out the Guys With Baseball Bats to Get My Deposit?

March 16, 2011 8:21 AM

I just moved out of an apartment in New York City, and for a bunch of reasons I'm worried about getting my deposit back. Quick question about NYC rental law inside.

I moved out of my old apartment on Feb. 28, and haven't received my deposit back yet. How much time does my landlord legally have to return my deposit before he is in violation of the law?

I did some searches on tenant.net as well as on Google generally, but didn't find anything. A direct citation to tenant law would be great. I appreciate your help!

posted by foxy_hedgehog to Law & Government (10 answers total)

The landlord must return the security deposit, less any lawful deduction, to the tenant at the end of the lease or within a reasonable time thereafter. The landlord is obligated to return the security deposit whether or not the tenant asks for its return. To avoid any disputes, the tenant should thoroughly inspect the apartment with the landlord before moving in and document any pre-existing conditions. Upon vacating, the tenant should leave the apartment in clean condition, removing all personal belongings and trash from the apartment, and making any minor repairs needed.
posted by roomthreeseventeen at 8:24 AM on March 16, 2011

Best answer: Old Thread:

http://ask.metafilter.com/61871/How-long-after-the-end-of-a-lease-can-the-landlord-return-the-security-deposit-in-NYC

I have been also told by old landlords 30-60 days was standard, and they sent it to me on the 30th day.
posted by JPD at 8:41 AM on March 16, 2011

Response by poster: Thanks- any clarification in the law or otherwise as to what constitutes a "reasonable time"?
posted by foxy_hedgehog at 8:44 AM on March 16, 2011

In NYC "reasonable time" has been interpreted as "between 30 and 60 days," (I know, big help, right?) so you could initiate a small claims suit after 30 days, and by the time it came up before the judge it would be 60 days.
posted by StickyCarpet at 8:49 AM on March 16, 2011

read the old thread. There is a link to here: http://www.housingnyc.com/html/resources/faq/security.html#time

which is the website of the RGB - and it says 30-60 days is reasonable.
posted by JPD at 8:49 AM on March 16, 2011

Response by poster: Thanks so much- I'm sorry I couldn't find the old thread!
posted by foxy_hedgehog at 8:52 AM on March 16, 2011

Response by poster: PS In case anyone's still reading- does my landlord owe me interest in the deposit as well?
posted by foxy_hedgehog at 8:54 AM on March 16, 2011

Response by poster: Never mind- just answered my own question! Will stop threadsitting now.
posted by foxy_hedgehog at 8:56 AM on March 16, 2011

Keep in mind that if your building had six units or more, they do owe you interest but they can also take out a small fee (1% of the deposit amount each year) which at current interest rates basically negates that interest.

If you do not receive your deposit back after 60 days, call the Attorney General's office and file a rent security complaint form. They'll handle everything for you from there.
posted by peanut_mcgillicuty at 9:45 AM on March 16, 2011

Additionally, I believe they need to provide itemized receipts for any deductions they do take. So if they painted a wall and want to keep $2000. They will need to show you that it actually cost that much.
posted by darkgroove at 10:00 AM on March 16, 2011