Security Deposits - How to Get Them Back When You Move Out
When renting an apartment, a house, or any other kind of dwelling in New York State, your landlord will likely require 3 separate payments before moving in:
Rent for the first month of your tenancy (or stay);
Rent for the last month of your tenancy; and
a security deposit.
A security deposit is money that the tenant (resident or renter) gives the landlord to use if there are any repairs that need to be made because the tenant damaged the apartment. The security deposit should only be used to pay for repairs when the tenant is responsible for the damage. The security deposit is limited to the same amount as one month of rent for the dwelling. If your landlord is asking for more than one month of rent, they are in violation of the Housing Stability and Tenant Protection Act of 2019.
Your landlord cannot ask for additional money unless your lease is renewed at a higher monthly rent amount. If you renew for a higher monthly payment, the landlord can collect additional money from the tenant to bring the security deposit up to the new monthly rent amount. If the landlord requests this money, the tenant must pay it.
How Can I Make Sure I Get My Security Deposit Back?
When you decide to move on from your apartment, or if your relationship with your landlord is deteriorating (getting worse), there are a few things you should get in order. First, look at your lease agreement. Your lease agreement will determine how much notice you need to give your landlord, as well as how much notice your landlord needs to give you if they are terminating your lease. Giving proper notice can help ensure a friendly termination and avoid unnecessary stress.
Give Proper Notice
If you are on a year long lease or a month-to-month stay, the tenant is required to give 30 days of notice to terminate the tenancy. Providing this notice in writing is a great way to ensure that your rights are protected. If you write your landlord a letter, retain a copy of the letter and consider sending the notice to your landlord via certified mail, as the landlord would need to sign for the delivery. If writing a letter is not possible or feasible, sending an email or a text message identifying yourself and the landlord and making clear you are giving notice of termination can help you prove you have given proper notice if there is a question.
Document Everything
When you move into a space, take lots of pictures and videos. Sending your landlord a written list of noted defects, issues, or concerns while retaining a copy for yourself helps keep track of what you are responsible for. Tenants are allowed to cause normal wear and tear of the dwelling, but what constitutes “normal wear and tear” is dependent on the facts of the situation and the length of the tenancy. If you have lived in your apartment for nearly a decade, the wear and tear on your apartment may be more substantial than what a landlord finds “normal” from a six-month tenancy.
Take videos when you move in, and take videos before you move out, document as much as you can and retain these documents until after you have received your security deposit back, especially if you feel your landlord withheld a portion wrongfully.
Clean as Much as Possible
Do a walk through on the apartment, making sure that it is cleaned and ready to be turned over to your landlord. Keep track of any damage or wear and tear that you have seen and make sure that your landlord is aware of any major issues when they occur. Sweeping, mopping, vacuuming, and dusting is a great place to start in cleaning. Checking to ensure that all food and belongings have been removed from the kitchen and refrigerator, as well as cleaning the refrigerator inside and out is important.
Go through each room, take videos and photos to ensure there is documentation of your progress. Returning the apartment to the landlord in the same state that the apartment was delivered to you is a good standard to keep in mind when doing to the preparations to move out.
Following your move out, your landlord has 30 days to return your security deposit to you along with any record or accountings of work that was done using all or some of your security deposit.
