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Real Estate

Security Deposit Demand Letter

You moved out, the apartment was in good shape, and the deposit has not come back, or it came back with deductions you do not recognize. A short, well-organized letter is usually the next step.

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01 GUIDE

Security Deposit Demand Letter: what usually happens

What the letter needs to do

A security deposit demand letter states the amount paid, the date you moved out and returned the keys, the forwarding address you gave, and the amount you are asking for, with a date by which you expect payment. For most New York apartments, the landlord has a limited period after a tenant leaves to return the deposit with an itemized statement of any deductions, and a landlord who misses that step can lose the right to keep any of it. Saying so plainly, without threats or exaggeration, helps the letter be taken seriously. Keep the tone factual, because the letter may later be shown to a judge.

Attachments that make it credible

Attach copies rather than originals: the lease, proof of the deposit, any move-in and move-out photos or video, and the inspection report if the landlord offered a walk-through before you left. If deductions were taken, respond to each item, separating ordinary wear and tear from actual damage. Send the letter in a way you can prove, such as certified mail with a copy by email, and keep the receipts. If the building changed owners while you lived there, address the letter to both the old and the new owner, since the deposit is supposed to follow the building. If you never received an itemized statement at all, say so directly, because its absence is often the heart of the claim.

If the letter does not resolve it

Many deposit disputes go to small claims court, which handles claims up to a set dollar limit and is designed to be used without a lawyer, though advice beforehand helps. New York allows additional damages where a landlord's failure to return a deposit is willful, which can affect the amount you ask for. For larger amounts, commercial deposits, or disputes tied to other claims, another court may fit better. We can review the letter before it goes out, or send it on your behalf when the amount or the relationship makes that worthwhile.

02 ATTORNEYS

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Attorney Advertising. This page is general information about security deposit demand letter and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.