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Tenant Rights Lawyer NYC Security Deposit Recovery Case
A tenant rights lawyer NYC successfully represented a Manhattan tenant in a disputed security deposit recovery action following lease expiration.This case demonstrates how New York courts strictly enforce statutory deposit return obligations when landlords fail to act in good faith.Through strategic litigation grounded in New York housing law, the tenant recovered the full security deposit plus litigation costs.
Contents
1. Tenant Rights Lawyer NYC | Client Background and Lease Context
The client was a mid career professional working in Midtown Manhattan who entered into a two year residential lease for a townhouse apartment located near the workplace.The lease was structured as a fixed term tenancy with a standard security deposit equal to one month’s rent, held by the landlord pursuant to New York law.
Lease Formation and Security Deposit Terms
• The lease expressly identified the security deposit as trust property under New York General Obligations Law §7-108
• No rent arrears, property damage, or lease violations were alleged during the tenancy
• The tenant maintained full compliance with maintenance and notice obligations throughout the lease term
2. Tenant Rights Lawyer NYC | Lease Termination and Deposit Dispute
Approximately sixty days prior to lease expiration, the tenant provided written notice confirming non renewal and intent to vacate.The landlord acknowledged receipt and confirmed that the apartment would be remarketed following move out.
Notice of Termination and Move Out Compliance
• Written notice satisfied lease and New York Real Property Law requirements
• A final walk through revealed no material damage beyond ordinary wear and tear
• The tenant surrendered possession on the agreed termination date
Despite these facts, the security deposit was not returned within the statutory timeframe.
3. Tenant Rights Lawyer NYC | Legal Strategy and Litigation Approach
After repeated informal demands failed, the tenant retained a tenant rights lawyer NYC to initiate formal legal action.Counsel conducted a statutory compliance analysis and prepared a civil claim grounded in New York housing and civil procedure law.
Failure to Return Security Deposit under New York Law
Under New York General Obligations Law §7-108(1-a), a landlord must return the security deposit or provide an itemized statement of deductions within fourteen days of lease termination.
The landlord failed to do either, instead asserting generalized financial hardship without legal justification.
This omission constituted a statutory violation and forfeiture of any right to retain the deposit.
4. Tenant Rights Lawyer NYC | Court Findings and Case Outcome
The court found that the landlord’s conduct violated New York’s strict security deposit handling rules.Because no itemized statement was provided within the statutory period, the landlord was barred from asserting any offset or deduction.
Full Deposit Recovery and Cost Allocation
• Full security deposit awarded to the tenant
• Litigation costs assessed against the landlord
• Court emphasized deposit trust obligations under GOL §7-108 and tenant protections enacted under the Housing Stability and Tenant Protection Act
This case reinforces how a tenant rights lawyer NYC can leverage statutory protections to secure prompt and complete financial recovery for tenants.
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