How to Recover Your Rent Security Deposit

For tenants in units that are not rent stabilized or rent controlled, the landlord must return the security deposit within 14 days of the tenant moving out. If your landlord has not returned your security deposit after you have moved out of your apartment, there are a few things you can do.

Your local attorney general’s office can help mediate the return of a security deposit between you and your landlord. You can request this by filing a rent security complaint with the NY Attorney General.

If this doesn’t work, you can file an action in small claims court. The instructions can be found on the attorney general’s website.

Remember, the landlord is entitled to withhold money to cover any unpaid rent and/or tenant-caused damage to the apartment. If the landlord takes any money out of the security deposit for damages, they must provide an itemized “receipt” describing the damage and its cost. Before filing a complaint or lawsuit, you should gather proof that you paid the rent you owe (canceled checks, receipts, etc) and demand the production of repair receipts of any claimed damage. To learn more, read the attorney general’s information page on rent security deposits.

Nassau Suffolk Law Services, in partnership with Empire Justice Center, can now assist Nassau and Suffolk residential tenants with housing-related legal problems (like eviction) and a household income of up to 80% of the Area Median Income. Services are available through this partnership regardless of immigration status. Please call the office closest to you to see if you are eligible for legal services. Interpreters are available. Suffolk residents west of 112 can call 631-232-2400 and east of 112 can call 631-369-1112. Nassau residents can call 516-292-8100. Feel free to share our flyer in both English, Spanish, and Haitian-Creole