– Your security deposit in New York can’t exceed one month’s rent, and your landlord has 14 days after you move out to return it or provide an itemized list of deductions for damages.
– Wear and tear are expected, but significant damage may result in deductions. Request an inspection before and after moving out.
– Document the condition of the apartment with photos and videos, and keep records of all communications.
– If you can’t recover your deposit, you can contact the state Attorney General’s Office, file a claim in small claims court, or check if your landlord kept the deposit in an interest-earning account.
When your lease is coming to an end, and you are getting ready to move out, it’s essential to understand your rights as a tenant regarding your security deposit. Knowing how much your landlord can deduct from your deposit, how to ensure you get it back, and what to do if you face challenges is crucial. Here’s a comprehensive guide to help you navigate these issues smoothly:
As per New York’s Housing Stability and Tenant Protection Act of 2019, your security deposit cannot exceed one month’s rent, regardless of whether you live in a rent-stabilized or market-rate apartment. If you believe you have overpaid for a rent-stabilized unit, you can file a complaint with the state.
Your landlord is required to return the full security deposit if you have adhered to the lease terms and left the apartment in a similar state to when you moved in, accounting for normal wear and tear. They must provide an itemized list of any deductions within 14 days of your move-out date, or they must return the entire deposit.
According to legal experts, a landlord cannot charge for repainting or cleaning unless the dirt exceeds a reasonable amount. Wear and tear is defined as natural deterioration over time, such as faded paint or scuffed floors. Small nail holes are generally considered wear and tear, but larger damages may be subject to deductions.
Tenants have the right to request an inspection before moving out and can be present during the process. This allows the landlord to point out any issues that need addressing, giving you a chance to rectify them and secure your full deposit refund.
Documenting the condition of the apartment before and after your tenancy is crucial. Take photos or videos, keep records of repairs requested during your stay, and communicate in writing with your landlord to avoid disputes later on. Moving out thoroughly, including removing all belongings, is also vital to avoid additional fees.
While a security deposit is intended to cover damages or unpaid rent, some tenants opt not to pay the last month’s rent if they anticipate the deposit will cover it. However, this comes with risks, and legal action may be taken if the landlord does not comply with deposit return regulations.
If you encounter difficulties getting your deposit back, you can contact the state Attorney General’s Office for mediation or consider filing a claim in small claims court. It’s essential to gather all necessary documentation and be prepared for the legal process.
Additionally, landlords of buildings with six or more units are required to keep the security deposit in an interest-earning account, with tenants entitled to the accrued interest, minus a small administrative fee for the landlord. While interest rates may be minimal, you can inquire about the account details from your landlord.
Understanding your rights and responsibilities regarding security deposits is crucial for a smooth transition at the end of your lease. By following these guidelines and seeking legal assistance when needed, you can ensure fair treatment and the return of your deposit.
Source: TheCity.NYC
