How to File a Civil Lawsuit in New York State Deposit Case

The tenant provided written notice of non renewal before the lease expired, and the landlord acknowledged that the tenancy would end on the agreed date. 

On the final day of the lease, the tenant vacated the apartment, removed all personal property, and returned the keys. 

Photographs and a move out checklist documented the condition of the unit.

After surrender, the landlord was required to account for the deposit and return any remaining balance within the statutory timeframe. However, no itemized statement or refund was provided. 

This failure created the basis for a civil claim seeking recovery of the full $25,000.

First, a formal demand letter was sent to the landlord requesting return of the security deposit within a specified deadline. 

The letter referenced the lease terms, the move out date, and the landlord’s statutory obligations. 

This correspondence was sent by certified mail to create proof of delivery.

Second, all supporting evidence was organized, including the lease agreement, proof of payment of the deposit, written notice of termination, photographs, and communication records. 

These materials would later form the foundation of the complaint and supporting affidavits.

When the landlord ignored the demand, litigation became necessary. 

At this stage, understanding how to file a civil lawsuit in New York State required selecting the appropriate court based on the amount in controversy and preparing a legally sufficient pleading.

A summons and complaint were prepared alleging breach of lease and unlawful retention of the security deposit. 

The complaint set forth the following elements in clear sequence:

Existence of a valid lease agreement.

Payment of a $25,000 security deposit.

Proper termination and surrender of the premises.

Landlord’s failure to return the deposit or provide an itemized statement.

Damages in the amount of $25,000, plus allowable interest and costs.

After filing with the appropriate New York court clerk, the summons and complaint were served on the landlord in accordance with New York service requirements. 

Proof of service was then filed with the court.

The landlord filed an answer but failed to produce evidence of damages beyond ordinary wear and tear. 

During the litigation process, the tenant’s documentation and consistent timeline proved decisive.

The court determined that the tenant had properly terminated the lease and surrendered possession. 

It further found that the landlord failed to provide a timely, lawful accounting of alleged damages.

 As a result, the court entered judgment directing the landlord to pay $25,000, together with statutory interest and court costs.

Importantly, the decision reinforced that a security deposit is not the landlord’s discretionary fund.

It remains the tenant’s property unless lawful deductions are properly documented and timely communicated.

For tenants facing a similar refusal to return a deposit, the structured approach outlined above demonstrates how to file a civil lawsuit in New York State effectively and strategically. 

With proper documentation, procedural compliance, and careful presentation of evidence, full recovery is achievable under New York law. 

While every case depends on its specific facts, similar results may be possible when the legal standards are met and the claim is diligently pursued.