Newman Ferrara partner, Jonathan H. Newman, was in the New York Times this past Sunday responding to a reader's question.
A copy of the column follows:
Tenant Awaits Security Deposit Return
Q My lease ended on July 31, and I have yet to receive the return of my security deposit. I have called the leasing office multiple times, and while the people there say they will call me back, they never do. I have faxed a request to them and they have not responded. What can I do to get my money back?
A Jonathan H. Newman, a Manhattan real estate lawyer, says that when a tenant vacates an apartment at the end of a lease, a landlord is obliged to return the full amount of the security deposit, plus any accrued interest, within a reasonable amount of time, as long as the tenant has fully complied with the lease’s terms and conditions. That includes paying all rent due and leaving the apartment in its original condition, with ordinary “wear and tear.”
“While there is no definitive standard as to what constitutes a ‘reasonable’ amount of time for a landlord to process the return of a security deposit,” Mr. Newman said, “a court would likely find three months to be excessive.”
He said the writer could either file a complaint with the state’s attorney general’s office, or file a lawsuit against the landlord in Small Claims Court.