New York Rental Deposit Recovery Lawsuit | Procedure, Evidence, and Enforcement

• Landlord: The person or entity that owns or manages the rental property.
• Tenant: The person who pays rent and is entitled to the return of the deposit.
• Security Deposit: Money held by the landlord as collateral for lease compliance.
• Lease Termination: The agreed-upon or legal end of the rental agreement.
• Notice of Demand: A written request sent to the landlord to return the deposit.

• Lease agreement (signed by both parties)
• Bank or payment receipts for the deposit
• Text messages, emails, or letters with the landlord
• Photos of the apartment’s condition at move-out
• Move-out inspection reports, if available
• Proof of certified mail for demand letters

Sending a demand letter is often the first step. This written notice should clearly request the return of the deposit and provide a deadline for compliance. In many cases, landlords respond promptly to avoid litigation. The letter also creates documented proof that the tenant attempted informal resolution.

The process typically includes:

• Sending a demand letter via certified mail
• Filing a complaint with the Small Claims Court (for disputes up to $10,000) or Civil Court
• Serving the summons and complaint on the landlord
• Attending a court hearing, where both parties present evidence
• Awaiting the judge's decision and, if successful, obtaining a judgment
• Pursuing post-judgment enforcement if the landlord does not comply voluntarily

Tenants may request a lien on the landlord’s real estate and proceed with a sheriff sale. This requires a formal application under CPLR § 5236. The sheriff can sell the property, and proceeds may be used to satisfy the court-ordered payment.

If the tenant can identify the landlord’s bank accounts, garnishment is an effective tool. The court may issue an order under CPLR § 5222 allowing the sheriff or city marshal to seize funds directly from the account.

A less common but valid approach is to seize the landlord’s personal property, such as a car or valuable electronics. This is done through a writ of execution and typically requires cooperation with a local enforcement officer.

• Small Claims Court is suitable for disputes under $10,000 and is designed for self-represented individuals.
• Civil Court is appropriate for higher-value claims or when landlords present complex defenses.
• Under CPLR § 213, tenants generally have six years from the lease end date to file.

Tenants can also seek a Payment Order (Default Judgment) if the landlord fails to appear or respond. This is often quicker and may lead directly to enforcement if the judge finds in the tenant’s favor. However, if the landlord contests the claim, a full trial is required.