Landlord Not Returning Security Deposit

Summary

If your landlord is not returning your security deposit, you may have legal options. In new york, landlords have 14 days to return the deposit after the lease ends. If there was an agreement regarding the deposit for breaking the lease early, that agreement should be followed. If there are no damages and your landlord refuses to return the deposit, you can take legal action. Its important to have proof of payment for the deposit and any agreements in writing or through text messages. Consider consulting a lawyer or filing a claim in the new york small claims court.

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My landlord is not returning my security deposit.
When did your lease end, Gautam? In New York, landlords have 14 days to return the security deposit after the lease ends.
My lease has not ended. They agreed on breaking my lease.
What was the agreement regarding the security deposit in case of breaking the lease early?

General Information:
- In NY, landlords must return security deposits within 14 days of lease termination.
- New York County Courthouse: * Centre St, New York, NY *, (*) *-*.
They would return it after checking for damages in the property.
If there are no damages, they should return your deposit. If they don't, you can take legal action. New York Small Claims Court: * Centre St, New York, NY *, (*) *-*.
The lease agreement does not mention security deposit.
Did you pay a security deposit when you moved in?

General Information:
- In NY, verbal agreements can be legally binding.
- New York Small Claims Court: * Centre St, New York, NY *, (*) *-*.
Yes.
Do you have any proof of payment for the security deposit?

General Information:
- Proof of payment can be crucial in legal disputes.
- New York Small Claims Court: * Centre St, New York, NY *, (*) *-*.
Yes.
That's good. If your landlord refuses to return your deposit, you can use this proof in small claims court.
- New York Small Claims Court: * Centre St, New York, NY *, (*) *-*.
Are legally bound to return my security deposit within 14 days even when I broke the lease and vacated the house early ? broke the lease and vacated
Yes, in New York, landlords are legally bound to return the security deposit within 14 days after the lease ends, regardless of early termination.
In this case the lease hasn't ended.
Did your landlord agree to end the lease early? If so, the *-day period may start from that agreed date.
Yes. She agreed that I can leave early and don't have to worry about the lease.
Did your landlord provide a new date for the return of your security deposit since the lease was terminated early?
No. She said she will send a damage estimate but took longer than 14 days
Did you receive the damage estimate from your landlord?
Yes but after 14 days.
Did the damage estimate include deductions from your security deposit?
Yes. But she wants to charge more now.
What is the reason your landlord is giving for wanting to charge more now?
She wants me to pay for insurance
What type of insurance is your landlord asking you to pay for?
Bath tub insurance
What does your lease agreement say about being responsible for insurance costs, specifically for items like the bathtub?
No mention.
Did you cause any damage to the bathtub that would require insurance coverage?
No.
Did you document the condition of the bathtub when you vacated the property?
Yes. I have images.
Do the images clearly show that the bathtub was in good condition when you left the property?
Yes.
Have you shared these images with your landlord to dispute the additional charges for bathtub insurance?
Yes.
What was your landlord's response after you shared the images showing the bathtub's condition?
She charged for a small repair.
What was the nature of the repair your landlord is charging you for?
Reglazing the bathtub.
Did the lease agreement specify that you are responsible for minor repairs such as reglazing the bathtub?
No.
Have you considered taking this matter to the New York Small Claims Court?

General Information:
- Tenants are not typically responsible for normal wear and tear.
- New York Small Claims Court: * Centre St, New York, NY *, (*) *-*.
No.
Would you like information on how to file a claim in the New York Small Claims Court?
Yes.
Explanation:

General Information:
- You can file a claim at the New York Small Claims Court by visiting the court in person.
- New York Small Claims Court: * Centre St, New York, NY *, (*) *-*.
If landlord said I can break the lease before the lease term ends. Is the lease agreement still applicable?
Did you and your landlord put the agreement to break the lease early in writing?
No.
No. They just gave a verbal agreement on breaking the lease early.
Did you have any witnesses present during this verbal agreement with your landlord?
No.
No. I did not have a witness.
Did you record the conversation where your landlord agreed to break the lease early?
I have it on text messages.
That's good. Text messages can serve as evidence. Have you consulted a lawyer about this issue?
No.
No. I have not consulted a lawyer.
No. I have not.
No I have not consulted a lawyer.
No.
Yes.