1. NYC Tenants Rights Lawyer Lease Termination Dispute
A residential tenant in Queens renewed a lease for a condominium unit and later provided timely written notice of non renewal.
The landlord acknowledged the notice but delayed the return of the security deposit after the tenant vacated the premises.
Notice of Intent to Vacate
The tenant delivered written notice more than thirty days before the lease expiration date, which complied with the lease terms and New York practice.
The landlord confirmed receipt of the notice and scheduled a final walkthrough.
After the tenant surrendered possession and returned the keys, the landlord stated that a replacement tenant had not yet been secured.
An NYC tenants rights lawyer can emphasize that the obligation to return a security deposit does not depend on the landlord finding a new occupant.
Withholding Based on Financial Constraints
The landlord informed the tenant that the deposit could not be returned until a new renter signed a lease.
The landlord also suggested that the tenant should wait because market conditions were slow.
Under New York law, a security deposit remains the property of the tenant, subject only to lawful deductions for damages beyond normal wear and tear.
An NYC tenants rights lawyer can challenge attempts to use the deposit as an informal reserve for the landlord’s cash flow.
2. NYC Tenants Rights Lawyer Legal Analysis of Deposit Obligations
New York law imposes duties on landlords regarding the handling and return of residential security deposits.
A failure to comply with statutory timelines or documentation requirements may expose a landlord to liability.
Statutory Duty to Return Security Deposit
A landlord must return the security deposit within the legally required period after the tenant vacates the apartment and provides a forwarding address.
If the landlord claims damage, the landlord must provide an itemized statement describing the basis for any deduction.
When a landlord neither returns the deposit nor supplies an itemized list, the tenant may have grounds to seek full recovery.
An NYC tenants rights lawyer can prepare a formal demand letter that outlines these deficiencies and preserves the record for litigation.
Evidence of Compliance and Damages
The tenant maintained photographs of the apartment at move out, copies of rent payments, and written communications with the landlord.
The final walkthrough did not identify substantial damage beyond ordinary wear. In court, documentation often determines credibility and outcome.
An NYC tenants rights lawyer can organize these materials into a coherent evidentiary presentation that supports a claim for the full deposit amount.
3. NYC Tenants Rights Lawyer Civil Court Strategy
When informal requests fail, a tenant may commence an action in the Civil Court of the City of New York to recover the withheld funds.
Strategic preparation before filing can significantly affect the result.
Pre Litigation Demand and Filing
Counsel may issue a written demand that cites the relevant lease provisions and New York requirements governing security deposits.
If the landlord does not respond within a reasonable time, the tenant may file a claim seeking the principal deposit and any permissible statutory relief.
Clear pleading and proper service are essential to avoid procedural delay.
An NYC tenants rights lawyer can ensure that jurisdictional and notice requirements are satisfied.
Court Hearing and Judgment
At the hearing, the court evaluates the lease, correspondence, condition evidence, and the landlord’s justification for withholding funds.
If the landlord cannot substantiate lawful deductions, the court may award the full security deposit and court costs to the tenant.
A well prepared record increases the likelihood of a favorable judgment.
An NYC tenants rights lawyer can present testimony and exhibits in a structured manner that highlights statutory non compliance.
4. NYC Tenants Rights Lawyer Outcome and Tenant Protection
In a properly supported case, a Queens court may direct the landlord to return the entire security deposit and reimburse filing costs.
Judicial findings often turn on whether the landlord met documentation and timing obligations.
Full Recovery of Deposit
Where the landlord failed to provide an itemized damage statement and retained the funds without lawful basis, the court may order full repayment.
The tenant may also recover allowable costs associated with the action.
The decision reinforces that a security deposit cannot be held indefinitely.
An NYC tenants rights lawyer can help tenants pursue similar remedies when landlords disregard statutory duties.
13 Feb, 2026
