NYC Moving Hacks: Getting Your Security Deposit Back

The odds are pretty good that when you moved into your NYC apartment, you shelled out a lot of money.  Most landlords require first and last month’s rent as well as a one-month security deposit. When you move out, you’re supposed to get that security deposit back, but that doesn’t always happen. To ensure you get back the funds you’re entitled to, remember the 3 D’s: Details, Damage, and Documentation.

Details: As soon as you know you’re planning on moving, review your rental agreement. This document includes the terms and conditions you’ve agreed to abide by, including things like how much notice you’re required to give the landlord before you move, what changes – if any – you’re allowed to make to the property, the expected condition of the apartment on moving out, and more. It’s important to familiarize yourself with all of the provisions of this document because it’s the agreement the courts will use to settle any dispute you may have with your landlord regarding the return of your security deposit.

Damage: The #1 reason security deposits aren’t returned is because there’s been damage to the apartment above and beyond the allowable “normal wear and tear”. Normal wear and tear includes things like the carpet being worn or small paint chips, whereas damage is the unexpected, tenant-caused issues. For example, if you dropped wine on the carpet and it’s discolored, that’s damage, and that’s on you.  If you’ve got damage, you need to have it repaired before you move out. This can mean coordinating with your landlord – some property owners have rules regarding who can do repair work on their property.

Be aware that what you consider an improvement can be seen as damage by the landlord – so if you’ve done things like put shelves up, changed faucets or fixtures, or made other changes, make sure you have approval for these changes in writing. Otherwise, these changes may wind up costing you even more money!

Document: Before you move out, take pictures of the apartment showing its condition. It’s also a good idea to video the entire apartment. Conflicts over security deposits can easily devolve into they-said, you-said situations. Your documentation can help you make your case and show that you’re entitled to the return of your security deposit.

Be aware that in NYC, landlords have 30 days to return the security deposit. Don’t expect cash back on the day you move out. If your deposit was less than $5,000 and there’s an issue, your avenue to recover it is small claims court. For advice and guidance, you’ll want to visit this page.