New York Complaint - Lessor Failure to Return Security Deposit

State:
Multi-State
Control #:
US-01622
Format:
Word; 
Rich Text
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Description

This form is a sample civil complaint for a lawsuit for damages. It will need to be adapted to fit your facts and circumstances, and to comply with your state's procedural law.The form is a useful model from which to base your Complaint.
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  • Preview Complaint - Lessor Failure to Return Security Deposit
  • Preview Complaint - Lessor Failure to Return Security Deposit

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FAQ

Effective April 7, 2022, the New York statute of limitations for debt/rent collection lawsuits arising out of a consumer credit transaction is reduced from six years to three years.

While awaiting action on your rent reduction, call the New York City Citizen Service Center at 311 (TTY 212-504-4115) to reach the NYC Department of Housing Preservation and Development (HPD) Central Complaint Bureau, write by certified mail, return receipt requested, or online at www1.nyc.gov/311.

Tenants in New York cannot be denied based on past legal conflicts with a landlord (for example, if they have previously sued a landlord). Landlords in New York are also not allowed to charge any additional fees for the processing, review, or acceptance of an application.

If the tenant and owner cannot come to an agreement regarding the return of the security deposit or payment of interest, the tenant has two options: they can start a legal proceeding in Small Claims Court or they can reach out to the Consumer Frauds and Protection Bureau of the NYS Attorney General.

If all else fails, small claims court This usually costs less than $50 and you don't need a lawyer. You can sue for the amount of the security deposit your landlord withheld, up to NY's state limit of $5,000.

If, however, the landlord refuses to return your security deposit because your landlord says that you failed to pay rent or damaged the apartment, you must generally go to Small Claims Court to resolve the dispute.

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New York Complaint - Lessor Failure to Return Security Deposit