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If your landlord refuses to return your security deposit in NYC, you have several options. First, review your rental agreement and the reasons provided for the refusal. You may then follow up with a formal letter asking for your deposit back, commonly known as a security deposit demand letter in New York without a lease. If the situation doesn't resolve, you might consider small claims court for legal action.
At the beginning of their tenancy, all tenants can be required to give their landlord a security deposit, but it is limited to no more than one month's rent. The one-month limit means that a landlord cannot ask for last month's rent and a security deposit.
The tenant is entitled to $5.00 and the landlord may retain $10.00, 1% of the deposit, as an administrative fee. A landlord may use the security deposit as a reimbursement for any unpaid rent, or the reasonable cost of repairs beyond normal wear and tear, if the tenant damages the apartment.
In theory, a property owner should only retain the amount of a holding deposit equivalent to the actual damages caused by a potential tenant not signing a lease contract. The owner should return the remainder of the deposit to the tenant.
Your security deposit demand letter should include the following information: Your landlord's name and address. Your lease date. The address and unit number of the rental in question. The state law regarding security deposits. Your reason for requesting that your deposit be returned.
A New York security deposit demand letter is delivered to a landlord who has failed to return a security deposit to a tenant after a lease agreement has expired. New York law specifies that the landlord is required to return the deposit within fourteen (14) days after the tenant has vacated the premises.