Real Estate Attorney in Queens New York Full Lease Deposit

The client had entered into a fixed term residential lease for a multi unit property and fulfilled all payment and occupancy obligations during the lease period. 

Several months before the scheduled lease end date, the tenant clearly notified the landlord in writing of the intent not to renew and confirmed a timely move out. 

The landlord acknowledged receipt of this notice and did not raise any objections or conditions regarding the termination. 

Upon vacating the unit, the tenant returned possession in clean condition with no outstanding rent or documented damage.

Despite prior acknowledgment of the lease termination, the landlord claimed an inability to return the security deposit at the time of move out and repeatedly postponed repayment. 

Communication became sporadic and evasive, and no itemized statement of damages or deductions was provided within the time required under New York law. 

As a result, the tenant experienced immediate financial strain, including overlapping housing costs and continued liability on a relocation loan tied to the unrecovered deposit.

New York landlord tenant principles impose strict duties on landlords regarding the handling and return of security deposits. Once a lease lawfully ends and possession is surrendered, the landlord must either return the full deposit or justify deductions with documented evidence of damage beyond ordinary wear and tear. 

Failure to comply may result in forfeiture of any claimed deductions and potential liability for additional costs. 

In this case, the absence of an itemized statement alone was sufficient to rebut the landlord’s defense.

Before initiating litigation, the real estate attorney in Queens New York issued a formal written demand confirming lease termination, deposit entitlement, and statutory violations.

When the landlord failed to respond substantively, a civil action was filed seeking full deposit recovery and associated costs. This structured escalation demonstrated good faith compliance by the tenant while preserving litigation leverage.

The attorney highlighted written communications confirming timely non renewal notice and landlord acknowledgment. 

Certified mail records and electronic correspondence established that the lease had ended without dispute and that possession was fully returned. 

These materials eliminated any ambiguity regarding ongoing tenancy or holdover liability.

The landlord’s inconsistent explanations and failure to provide required documentation were presented as evidence of intentional avoidance rather than administrative delay. 

The court was shown that the landlord had ample opportunity to comply with deposit return obligations but chose not to do so. 

The tenant’s financial hardship resulting from the withheld deposit further underscored the inequity of the landlord’s conduct.

The court found that the landlord failed to meet statutory obligations and had no lawful basis for withholding any portion of the deposit.

A full recovery judgment was entered for the tenant, including reimbursement of filing and service costs. 

Payment was secured following the judgment without the need for further enforcement proceedings.