Can’t Get Your Security Deposit Back? 

Here’s What You Can Do in New York

Moving out should feel like a clean break. But when your landlord refuses to return your security deposit or sends a bill that looks more like a wishlist than real repairs, it quickly turns into a legal headache.

You paid your rent. You gave notice. Maybe you even scrubbed the floors and patched a few holes. And now? You’re chasing down money that was supposed to be returned fairly.

Our commercial litigation attorneys at Horn Wright, LLP, have worked with renters across New York who’ve dealt with shady deductions, missing itemized statements, and landlords trying to take advantage. 

Whether you’re in Brooklyn, Manhattan, or anywhere in the state, our attorneys understand New York’s deposit laws and we know how to take action when landlords push the line. 

When needed, our commercial lease dispute experts step in with the full legal weight your case deserves.

They Can’t Just Keep It: How to Protect Your Deposit

A security deposit is still your money. Your landlord’s job is to hold it - not spend it. In New York, the rules are clear about how deposits must be handled. If your landlord didn’t follow the process, you may be entitled to the full amount, regardless of their excuses.

Here’s what to know:

• Provide a Timely Statement. Landlords must give you a written itemized list of any deductions within 14 days of move-out. If they miss the deadline? They lose the legal right to withhold anything. 
• Document the Condition of the Property. Before leaving, take clear, timestamped photos or videos. Cover each room, especially areas that tend to get blamed - walls, appliances, floors. Your visual evidence can make or break your case.
• Communicate in Writing. Skip the phone calls. Use email or certified mail to keep a paper trail. If it ends up in court, your communication history could tip the scale in your favor.

If your landlord still doesn’t return your deposit, you have every right to file a claim in New York Small Claims Court, where disputes under $10,000 are resolved.

What Landlords Can’t Deduct For

Some landlords cross the line - charging tenants for anything they think they can get away with. But New York law limits exactly what they can deduct.

Here’s what’s off-limits:

• Normal Wear and Tear. Faded paint, loose doorknobs, and worn carpet are part of everyday living. These things aren’t damage, and you shouldn’t be charged for them.
• Cosmetic Updates. They can’t bill you for repainting just to freshen up for the next tenant. That’s their cost of doing business.
• Replacing Appliances That Aged Out. If the dishwasher stopped working because it was 15 years old, that’s not on you.

Landlords can deduct for the following, but only with proof:

• Unpaid Rent. If you skipped a payment or left early without approval, they can apply the deposit to cover it.
• Significant Damage. Holes in the wall, broken tiles, or water damage caused by negligence may be deducted, but only if they provide receipts or repair estimates.
• Unclean Conditions. If the apartment is left dirty or unsanitary, landlords can deduct a reasonable cleaning fee. But they can’t charge you for a professional deep-clean if you leave the unit broom-clean.

And in buildings with six or more units, your deposit must be placed in a separate, interest-bearing bank account. You’re also entitled to receive the interest earned, minus a 1% administrative fee. 

Your Legal Protections as a New York Renter

Tenants in New York have strong legal protections and understanding them can shift the balance in your favor.

• Pre-Move-Out Inspection. You can request a walkthrough before your move-out date. The landlord must give 48 hours’ notice. This gives you the opportunity to fix any potential issues before they deduct from your deposit. 
• Demand Transparency. You don’t have to accept deductions without proof. Ask for receipts and invoices. If they can’t show what was repaired, they shouldn’t be keeping your money.
• Take Legal Action If Needed. If you’ve met your obligations as a tenant and your landlord hasn’t, you can file in small claims court. Bring your documentation - your lease, photos, emails, and receipts - and let the judge see the full picture.

It’s also worth noting: landlords can’t retaliate against you for asserting your rights. If they try to raise your rent, blacklist you, or delay your deposit out of spite, that may be a separate violation worth addressing.

When Deductions Are Justified

While many deposit disputes involve unfair deductions, there are situations where a landlord does have legal grounds:

• You Owe Rent. The deposit can be used to cover unpaid rent if it's clearly documented.
• You Caused Damage. Not minor scuffs, but major issues like broken glass, busted cabinets, or stained carpets caused by negligence.
• The Apartment Was Left in Poor Condition. Trash left behind, pest issues, or severe grime may result in cleaning deductions. But again, they have to prove the cost.

Even in these situations, landlords are still legally required to give you a written statement of deductions within 14 days. If they fail to do so, you can claim the entire deposit, even if the unit wasn’t perfect.

Get Help with Your New York Security Deposit Dispute

Our commercial litigation attorneys at Horn Wright, LLP, have helped tenants across New York recover deposits that landlords tried to keep unfairly. 

Whether your dispute is simple or complex, we’re ready to step in and protect your rights. And if your case involves a pattern of abuse or large property management companies, we're prepared to escalate the matter.

Ready to take the next step? When it comes to standing up for tenants, we don’t cut corners. Hire one of the best law firms in America to make sure your security deposit ends up where it belongs. With you.

Call (855) 465-4622 today to schedule your complimentary case review.