Tenant Lawyer in Queens New York Security Deposit Dispute

The client entered into a written lease for a condominium unit in Long Island City with a security deposit of 125000 dollars. 

The lease was for an initial two year term, and after expiration the tenancy continued on a month to month basis pursuant to New York Real Property Law Section 232 C, because the landlord accepted rent without executing a new written agreement. 

The deposit was held by the landlord as required under New York General Obligations Law Section 7 103, which mandates that security deposits remain the property of the tenant and be held in trust. 

A tenant lawyer in Queens would review whether the landlord complied with statutory segregation and notice requirements.

The tenant purchased a new residence in Astoria and provided written notice of termination well in advance of the next renewal date. 

The notice was delivered by certified mail and email, and it clearly stated the intended surrender date. 

The landlord did not respond to multiple follow up communications. 

As the closing date for the new property approached, the tenant faced significant financial pressure because the 125000 dollar deposit had not been returned, and a tenant lawyer in Queens was consulted to prevent liquidity risk.

Under New York law, anticipatory repudiation requires a clear, definite, and final expression of intent not to perform contractual obligations, and silence or delayed communication alone is typically insufficient. 

The landlord ignored repeated written demands and failed to acknowledge the statutory duty to provide an itemized statement and return any remaining deposit within fourteen days after the tenant vacates, as required by New York General Obligations Law Section 7 108. For most residential leases. 

A tenant lawyer in Queens may file a summons and complaint in Queens County Supreme Court seeking a declaratory judgment, damages for breach of contract, and statutory remedies if the landlord acts in bad faith.

Counsel may investigate whether the landlord engaged in similar conduct with other tenants. 

Publicly available court filings and property records sometimes reveal prior disputes involving security deposits. 

Evidence of repeated refusal to return deposits can support an argument that the landlord lacks intent to comply with statutory obligations. 

A tenant lawyer in Queens may present such evidence to demonstrate the necessity of early judicial intervention.

General Obligations Law Section 7 103 provides that a security deposit remains the property of the tenant and must be held in trust by the landlord. 

The landlord may not commingle the deposit with personal funds, and misuse can create additional liability. 

A tenant lawyer in Queens will examine whether the landlord maintained the deposit in a separate account and whether required disclosures were provided.

For non rent stabilized residential leases governed by General Obligations Law Section 7 108, a landlord must return the remaining security deposit within fourteen days after the tenant vacates and must provide an itemized statement of any lawful deductions. 

If the landlord fails to provide the required itemized statement within that statutory period, the landlord may forfeit the right to retain any portion of the security deposit under Section 7 108. 

A tenant lawyer in Queens may argue that noncompliance triggers full return and potentially additional damages under applicable consumer protection principles.

In a structured action supported by certified mail receipts, email correspondence, bank records, and the lease agreement, the court may grant judgment in favor of the tenant. 

The court can order the landlord to return the full 125000 dollar security deposit, plus statutory interest if applicable. 

The court may also award costs and disbursements. 

A tenant lawyer in Queens ensures that pleadings, affidavits, and evidentiary submissions strictly comply with New York Civil Practice Law and Rules.

Tenants facing a large security deposit dispute should act before financial exposure escalates. 

Early legal analysis can determine whether immediate court intervention is appropriate. 

A tenant lawyer in Queens can evaluate contractual terms, statutory rights, and available remedies, and can pursue litigation or negotiated resolution depending on risk and timing. 

Each case turns on its specific facts, but experienced counsel can structure a strategy that protects housing stability and financial interests.

A tenant lawyer in Queens can assist in reviewing lease agreements, issuing formal demand letters, commencing litigation, and seeking judicial enforcement of statutory deposit protections. 

If a landlord withholds a substantial deposit without lawful basis, a structured and statute grounded approach may lead to full recovery and court ordered relief in a judgment.