1. NYC Housing Court Lawyer Case Background
A residential tenant in New York City completed the lease term for a rental apartment and provided advance written notice of nonrenewal.
Despite clear communication and preparation for move out, the landlord failed to return a $25,000 security deposit after the tenancy ended.
The tenant consulted an NYC housing court lawyer to initiate legal action for recovery.
Lease Termination and Move Out Notice
The tenant notified the landlord several months before the lease expiration that the tenancy would not be renewed.
The notice was delivered through text messages and written communication, which created a clear record of intent.
On the final day of the lease, the tenant removed all personal belongings and confirmed readiness to surrender possession.
The apartment was left in clean condition, and no material damage beyond ordinary wear and tear existed.
Under New York law, once a lease ends and the tenant vacates, the landlord must return the security deposit, minus any lawful deductions, within the statutory timeframe.
The landlord in this matter did not provide any itemized statement or justification.
2. NYC Housing Court Lawyer Legal Framework
In New York, residential security deposits must be handled in accordance with statutory rules designed to protect tenants.
Landlords are required to maintain deposits properly and return them promptly after lease termination, subject only to legitimate deductions.
Failure to comply may expose the landlord to liability, including potential statutory damages.
An experienced NYC housing court lawyer evaluates whether the landlord complied with timing requirements, whether any deductions are supported by evidence, and whether the tenant preserved possessory and procedural rights.
Tenant Rights and Deposit Return Obligations
Key legal principles in security deposit disputes include the following:
A landlord must return the deposit within the statutory period after the tenant vacates.
Any deductions must be itemized and based on actual damage beyond normal wear and tear.
Routine cleaning, repainting due to ordinary use, or minor cosmetic conditions generally do not justify withholding funds.
Failure to provide a timely itemized statement may result in forfeiture of the right to retain any portion of the deposit.
In this case, the landlord neither returned the funds nor issued a legally compliant itemized explanation.
This failure significantly strengthened the tenant’s position in litigation.
3. NYC Housing Court Lawyer Litigation Strategy
The legal team structured the claim carefully to demonstrate that the tenancy had properly concluded and that the landlord’s retention of the deposit lacked legal basis.
The NYC housing court lawyer emphasized documented communications, surrender readiness, and the absence of legitimate damage claims.
The strategy focused on presenting clear chronological evidence rather than relying on general allegations.
Evidence of Surrender and Demand
The following elements were central to the litigation:
Written notice of nonrenewal months before lease expiration.
Proof that the tenant vacated and removed all belongings on the final lease date.
Evidence that the tenant requested return of the $25,000 deposit through formal written demand.
Lack of any itemized deduction statement from the landlord within the required period.
In addition, the attorney argued that the tenant had fulfilled all lease obligations, including rent payment through the final term.
Because the landlord failed to respond appropriately, the court was presented with a clear statutory violation.
By aligning the factual record with New York’s deposit return requirements, the claim established that the landlord’s continued retention of the funds was improper.
4. NYC Housing Court Lawyer Result and Implications
As a result of the structured legal approach, the court ordered full return of the $25,000 security deposit.
The landlord was unable to justify any deductions, and the absence of a timely itemized statement proved decisive.
This outcome demonstrates that tenants who act promptly and preserve documentation significantly increase their likelihood of recovery.
When supported by a knowledgeable NYC housing court lawyer, a well-prepared claim can overcome delay tactics and unsupported withholding.
Security Deposit Recovery Outcome
The court’s determination rested on several findings:
The lease term had fully expired.
The tenant properly vacated and was ready to surrender possession.
The landlord failed to provide a timely and lawful accounting of deductions.
The continued retention of the deposit violated statutory requirements.
Ultimately, full reimbursement was ordered.
Security deposit disputes are common in New York City, yet many tenants hesitate to pursue legal remedies.
However, when landlords fail to comply with clear statutory duties, recovery is not only possible but often strongly supported by law.
24 Feb, 2026
