How to sue your landlord for your security deposit in New York

Court

Small Claims Part of the NYC Civil Court, or a City, Town or Village Court elsewhere

Limit

$10,000 in New York City, $5,000 in other city courts, $3,000 in town and village courts.

Filing fee

In New York City, $15 for claims up to $1,000 and $20 above that. Other courts charge similar small fees.

Where to file

In New York City, generally the borough where the landlord lives, works or has a business office. Outside NYC, the court where the landlord lives or does business.

Lawyers

Lawyers are allowed but not needed; most people represent themselves. You must be 18 or older to sue on your own.

• Count 14 days from the day you moved out. If no itemized statement came by then, the landlord forfeited the right to keep any of the deposit.
• Ask in writing first, and keep proof that you did.

Not sure of the dates? Check the rules in our New York security deposit law guide.

A landlord who violates these rules is liable for actual damages, and if the violation is willful, punitive damages of up to twice the deposit (Gen. Oblig. Law § 7-108(1-a)(g)).

For example, if a landlord kept all of a $1,800 deposit, the most a court could award under the statute is about $5,400, if it finds the landlord willfully violated the law. Courts decide penalties on the facts, so ask for what the statute allows and be ready to explain why it applies.

Everything you claim, penalties included, has to fit under the court's limit, or you give up the excess by filing there.

1. Find the landlord's legal name. For a company, use its exact legal name. Your lease, rent receipts or the city's property records usually show it.
2. File the claim. At the small claims clerk's office, or online where available, and pay the fee.
3. Service. In NYC the court mails the notice of claim to the landlord. If that fails, you may need to arrange service another way.
4. Prepare your evidence. Bring originals and copies.
5. The hearing. Many cases are heard by an arbitrator unless you ask for a judge; an arbitrator's decision can't be appealed. Explain the dates, the amount and which rule was broken.

The landlord bears the burden of proving the amount kept was reasonable (Gen. Oblig. Law § 7-108(1-a)(f)).

• Your lease
• Proof of the deposit
• Move-in inspection agreement, if you signed one
• Move-out photos
• Any itemized statement and its postmark
• Your demand letter and Certified Mail receipt

Put everything in date order. Judges hear many cases a day, and a clear timeline is the most persuasive thing you can bring.

Each of these has a self-help center or clerk who can explain local filing. Search the court's name plus “small claims” for its current forms and fees.

• Manhattan (New York County)
• Brooklyn (Kings County)
• Queens
• The Bronx
• Staten Island (Richmond County)
• Buffalo, Rochester, Syracuse and Yonkers City Courts