Monday, November 14, 2011

Tenant moved out with a 30 days notice - which was allowed in the contract - before the six month lease expired. Now the landlord won't return the security deposit.

A security deposit can only be used to compensate the landlord for unpaid rent or damages done to the apartment beyond the normal wear and tear. If the tenant leaves the apartment in the same condition when he/she moved in and provides the required 30 days notice, then the landlord has a legal obligation to give back the security deposit. If he or she refuses to do so, then the tenant should do the following:
- Contact the Consumer Frauds and Protection Bureau of the New York Attorney General's Office
- File a complaint with the New York State Division of Housing and Community Renewal
- File a claim in small claims court
- Notify the landlord that the above steps will be taken; sometimes that's enough to force the landlord to comply