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If the tenant can remedy the problems on their own, they have the right to do so. Most notably, within fourteen days of a tenant vacating a unit, the owner or management company must return the tenant's security deposit and provide the tenant with an itemized statement indicating why any monies have been withheld.
If your deposit didn't need to be protected and your landlord refuses to give it back, you might have to take them to court.You'll need to take your landlord to the small claims court to get your money back.
Under New York law, a landlord must return the tenant's security deposit within 14 days after the tenant has surrendered the rental property to the landlordthat is, returned the keys and vacated the property.
If your deposit didn't need to be protected and your landlord refuses to give it back, you might have to take them to court. Going to court can be expensive and stressful. You'll have to pay court costs upfront but you might get them back if you win your case.
Alerting state or local health and building inspectors. Suing your landlord in small claims court.
If the landlord refuses to return the security deposit on time, you may have to sue in Small Claims Court.If you rented the property after July 14, 2019, and the landlord willfully violated the security deposit rules, the court may also award punitive damages that are twice your actual damages.
If you're seeking damages for emotional distress caused by a landlord's discrimination, or punitive damages for especially blatant and intentional discrimination, a lawsuit may well be your best bet. Understand what's involved in suing your landlord. You may file a lawsuit in either federal or state court.
Fill out the Request for Return of Security Deposit form (not interactive; you must print, then fill out the form). Send the form to your former landlord. Keep a photo-copy of the form for yourself. Hold on to the Return Receipt when it comes back in the mail.