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How to file — Security deposit return demand
Former landlord (demand) → NY Attorney General + Small Claims Court
Deadline
Send demand within 14 days of the landlord's 14-day deadline lapsing
NY GOL § 7-108(1-a)(e) — landlord has 14 days from vacatur to return deposit or send itemized statement. Failure forfeits any right to retain it.
How to submit
MAIL
Demand by certified mail to former landlord
Always certified mail with return receipt — gives you the date the 14-day clock starts (or proves it has expired).
ONLINE
NY Attorney General — file a consumer complaint
https://ag.ny.gov/consumer-frauds-complaint-form
For systemic landlord misconduct or unreturned deposits, file with the AG's Bureau of Consumer Frauds.
IN-PERSON
Small Claims Court (Civil Court of the City of NY)
Up to $10,000 in NYC small claims. $20 filing fee (waived for indigent). No lawyer required.
What to attach
- Move-in inspection / signed condition report (if any)
- Move-out inspection (if landlord conducted one) or your photos at vacatur
- Forwarding-address notice you sent the landlord
- Copy of original lease showing deposit amount
- Bank statement showing deposit was paid
Pro tips
- HSTPA caps deposits at 1 month of rent. If yours was higher (and it pre-dates June 2019), demand the excess back too.
- Take dated photos at move-out, ideally with a witness present.
- In small claims, you can recover the deposit + statutory damages. Some NY courts have awarded the full deposit as the remedy when the landlord forfeited the right to deduct.
- If the building had 6+ units, the deposit had to be in an interest-bearing account in a NY bank — demand the interest too.
Citations the letter relies on
- NY GOL § 7-108(1-a) — NY General Obligations Law § 7-108(1-a) (HSTPA 2019 — security deposits)
- NY GOL § 7-108(1-a)(e) — NY General Obligations Law § 7-108(1-a)(e) (Return of deposit — 14-day rule)
- NY GOL § 7-108(2-a) — NY General Obligations Law § 7-108(2-a) (Inspection rights — pre-vacatur and post-vacatur)
- NY GOL § 7-103 — NY General Obligations Law § 7-103 (Security deposit held in trust; not commingled)
Tenant Defender is research and self-help. Not legal advice. For complex eviction or harassment cases, contact a NY tenant attorney or Met Council on Housing (311 → tenant rights).