Know Your Rights When It Comes To Security Deposits in NYC

If you’re a responsible renter who does a reasonable job with the cleaning and upkeep of your place, getting your security deposit back after move-out day shouldn’t be difficult. Countless New Yorkers can attest, though, that the deposit battle between landlord and tenant can be a fruitless time-suck that feels weighted in favor of the landlord. But the guidelines are less subjective than you might expect. As always, we’re not giving legal advice here (go to legal professionals for that!).

What Are Your Rights?

First, let’s start off with the good news. 2019 legislation called The Housing Stability and Tenant Protection Act (HSTPA) keeps exorbitant deposits in check by insuring that no landlord – regardless of whether their building is rent-stabilized – can ask for more than the equivalent of one month’s rent as assurance against damage (or to pay for the cost of damage beyond “normal wear and tear”). This limits your potential losses. Note though, that if you paid more than that and live in a rent-stabilized building, you can (and should!) file a Rent Overcharge Application.

After you move out, your landlord will have 14 days to let you know how much money they’ll be returning to you (noting any relevant deductions). If they fail to do so within that time frame, they must return the full security deposit.

How to Maximize Your Chances of a Full Refund (and Minimize Hassle)?

Now, about that normal wear and tear. As might be expected, landlords can sometimes get a bit…subjective with interpretation on this matter but basically, if you lived in the space as a respectful tenant, you should expect most if not all of that deposit back.

The key is leaving the apartment in as close a state as it was to when you moved in. Make sure you take pictures of the unit to document what it looked like at the start of your lease term. There may be a bit of normal wear or dirt (you’re human, after all!) and small holes in the wall from hanging pictures but these are all to be expected – i.e., “normal.” You should spackle any large holes, paint the walls back to the color they were (if you repainted), and leave the unit “broom swept” – i.e. wipe the surfaces, clean the appliances, and do light floor cleaning. Your landlord may charge you for a cleaning fee if you leave the place awry.

You should also know that you have the right to a walkthrough with your landlord. Ask them to point out issues they would ding you for and do your best to fix or clean them before you move out.

The Best Offense Is a Good Defense

Now that you’ve bested that landlord, let’s consider the next one. If you’re moving into a new rental, start manifesting that deposit return from day one. Take photos and videos of the whole place, noting anything unusual but also showing appliances and fixtures in good working order (and then do that whole dance again after you move out). Log all repair requests made or any otherwise significant interactions with your landlord, especially about repairs.

Taking these steps can feel excessive in the moment, but you won’t regret it later on. New York City security deposits are no joke. It’s a significant chunk of money, so do what you can to ensure you get yours back.

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