Q: After selling our apartment in Brooklyn, my family and I rented our building from an owner for 14 months. We thought we had a good relationship with her and took excellent care of the apartment. But when we moved out, she only returned a small portion of our deposit and said she would keep the rest while she looked into some “questionable” issues. Everything was either their responsibility, like changing the locks, or the building’s. She did not tell us where the deposit was placed nor did she provide an invoice showing how the deposit was used to correct any problems. We haven’t heard anything since August, despite our attempts to reach them. We now live abroad and have lost thousands of dollars. What can we do?
A: Your landlord likely violated New York State law by failing to return your security deposit on time and by failing to provide you with an invoice detailing the damage to the apartment and how your security deposit was used to repair the damage has. The Housing Stability and Tenant Protection Act of 2019 requires landlords to return security deposits within 14 days of the tenant vacating the unit, except for individual damages beyond normal wear and tear.
The law is clear: If a landlord fails to provide the tenant with the itemized statement and deposit within two weeks, “the landlord forfeits any right to withhold any portion of the deposit.” The burden of proof lies with the landlord; Violation of this law could result in the tenant being paid up to double the deposit.
You can write a demand letter demanding a refund of the deposit and perhaps making an offer to reach an out-of-court settlement to avoid litigation, with a forwarding address, said Steven Ben Gordon, an attorney who represents tenants.
If that doesn’t work, filing a lawsuit in small claims court can help you get your money back. If you live abroad, this can be difficult if you can’t make it to New York to represent yourself. You can hire a lawyer, but you should weigh the cost of legal fees against the money you could recover in court.
Even if the landlord provided you with a list of damages within 14 days, but the items did not constitute sufficient grounds for withholding the deposit, “then you have a lawsuit that the tenant will win,” said Joshua Price, a real estate agent Attorney based in Manhattan.
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