How Can I Get My Security Deposit Back When Moving Out of an Apartment?

Moving out of an apartment is a momentous change, and the
uncertainty of whether you will get your security deposit back or not can add
to that stress. Fortunately, there are steps you can take to better the chances you
receive your deposit money back in a timely fashion. Continue reading below to
learn seven steps to help you get your security deposit back.

1)    
Read Your Lease

Understanding and following
the terms of your lease is the first
step in ensuring your security deposit is returned. If the terms of a lease are
followed and there is no damage beyond
everyday wear and tear, you should be entitled to your security deposit upon
moving out.

2)    
Inspect Property for Damage

When moving into a new rental
unit, you should first inspect the property
and take pictures of existing damage prior to settling in. Doing so can save
you from the headache of disputing pre-existing damages,  when the time comes
for you to move out. Be thorough and record any findings to send to your
landlord in writing.

3)    
Request a Walk-Through with Your Landlord

Prior to moving out, consider
requesting a walk-through of the rental property with your landlord. In New
York State, your landlord must allow you to be present for the inspection and
notify you of anything requiring repairs or cleaning. By evaluating the
property with the owner before moving out, you afford yourself the opportunity
to reveal any damages that your landlord might wish to allocate your security
deposit to.

4)    
Be Thorough in Your Cleaning

Make it a point to revert your
rental to its original condition prior to your moving in. If your landlord has
any findings in a walk-through of the apartment, focus heavily on remedying those
areas. While this step may involve some expenses for repairs, it could be the
deciding factor on whether or not you receive your security deposit after moving out.

5)    
Know Your Rights as a Tenant

If you have followed the
previous steps you should be entitled to your security deposit, but knowing
your rights as a tenant
is potentially the most important step you can take. New York State law
requires landlords to return a tenants’ security deposit within 14 days of the
tenant moving out, unless the unit is rent stabilized or rent controlled. If
your landlord elects to use your security deposit funds for damages, they are
required to provide you with an itemized receipt within 14 days.

6)    
Follow-Up with Your Landlord

Reach out to your landlord if
you still have not received your security
deposit or a receipt indicating the funds were used, within two weeks of you
moving out.

7)    
File a Rent Security Complaint Form

If after two weeks you are
still missing your security deposit or proof
that it was allocated for damages, consider filing a Rent Security Complaint
form with the Office of New York State Attorney General Bureau of Consumer
Frauds and Protection. If it is found that your landlord deliberately broke
this law, you could be entitled to up to twice the amount of your security
deposit.

Moving into a new rental? Check out how to spot
and avoid rental scams!