1. NYC Tenant Lawyers Lease Termination Background
A residential tenant in Brooklyn resided in a multi unit townhouse under a written one year lease.
As the lease expiration approached, the tenant provided advance written notice of non renewal in accordance with the lease terms and New York law.
Despite the lawful termination, the landlord retained the entire security deposit without issuing a timely itemized statement of deductions.
Written Notice and End of Tenancy
The tenant delivered written notice more than ninety days before the lease expiration date, which exceeded the minimum notice contemplated by the lease agreement.
The tenant vacated the apartment on the final lease date and returned the keys to the landlord.
The landlord conducted a brief walkthrough but did not identify specific damages at that time.
The tenant documented the apartment condition with photographs and preserved email communications for evidentiary purposes.
Retention of Security Deposit without Accounting
After the move out date, the landlord failed to return the security deposit within fourteen days, which is generally required under New York law for regulated residential units.
The landlord also failed to provide a written itemized statement describing any claimed damage beyond ordinary wear and tear.
Instead, the landlord made informal statements suggesting future repair costs without documentation.
NYC tenant lawyers typically analyze whether such conduct violates statutory deposit handling requirements.
2. NYC Tenant Lawyers Litigation Strategy
When informal requests did not produce payment, the tenant pursued a formal claim in Kings County Civil Court.
NYC tenant lawyers structured the complaint to focus on statutory compliance, documentary evidence, and the landlord duty to return the deposit absent proven damage.
The litigation strategy emphasized objective records rather than emotional arguments.
Evidence Collection and Statutory Framing
Counsel organized the lease agreement, proof of rent payment, written termination notice, and move out photographs into a chronological evidentiary package.
The claim alleged that the landlord failed to comply with deposit return obligations and failed to provide an itemized statement within the required timeframe.
NYC tenant lawyers frequently rely on the statutory presumption that failure to provide a timely accounting may forfeit the landlord right to retain any portion of the deposit.
The presentation framed the issue as a compliance failure rather than a subjective dispute over minor conditions.
Court Filing and Procedural Posture
The tenant filed a civil action seeking the full deposit amount, statutory interest where applicable, and court costs.
The landlord appeared and asserted generalized claims of property damage but did not submit repair invoices, contractor estimates, or dated inspection records.
The court required substantiation of any claimed deductions. In the absence of credible documentation, the landlord position weakened significantly.
3. NYC Tenant Lawyers Court Determination
After reviewing the evidence, the court focused on whether the landlord complied with statutory timing and documentation requirements.
NYC tenant lawyers understand that procedural compliance often determines the outcome of a security deposit case.
The judge evaluated both the condition evidence and the absence of a proper written accounting.
Judicial Findings on Compliance
The court found that the tenancy had lawfully terminated and that the tenant had vacated the premises in broom clean condition.
The landlord failed to issue a timely written itemized statement and failed to prove damages beyond ordinary wear.
The court concluded that retention of the entire security deposit was improper under applicable New York standards.
The ruling emphasized that statutory obligations are mandatory, not discretionary.
Entry of Monetary Judgment
The court entered judgment directing the landlord to return the full security deposit to the tenant.
The court also awarded allowable court costs to the prevailing party.
The decision reinforced that compliance with deposit return requirements protects both landlords and tenants, but failure to comply can result in a full refund order.
4. NYC Tenant Lawyers Security Deposit Enforcement
Obtaining a judgment is only part of the process.
NYC tenant lawyers also advise clients regarding post judgment enforcement options if voluntary payment does not occur.
Effective enforcement planning ensures that a favorable ruling translates into actual recovery.
Post Judgment Collection Options
If a landlord does not satisfy the judgment voluntarily, a tenant may pursue enforcement mechanisms available under New York law.
These mechanisms may include income execution, bank restraint, or property liens, depending on the circumstances.
NYC tenant lawyers evaluate the most efficient and proportionate method based on the landlord assets and business structure.
Strategic enforcement often accelerates compliance without unnecessary escalation.
13 Feb, 2026
