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According to NY General Obligation Law §§, you are unlawfully withholding my security deposit. I spent two hours cleaning my bedroom inside and out, including mopping the floor, the night before I moved out on June 27th. I recorded a video with a timestamp as evidence. The photographs you sent do not convincingly show dust or uncleanliness, especially since the refrigerator was cleaned by Yilin, another tenant, and thus cannot serve as evidence of my alleged dirtiness.

Furthermore, as you stated in your last email, Steven and Yilin moved out without being charged a cleaning fee, claiming their rooms were "super clean." Yilin and I cleaned both the kitchen and bathroom, without Steven’s help, and Yilin moved out on June 28th. Therefore, it is unreasonable to hold me solely responsible for the cleaning penalty, and I have not received any prior written expectation of cleanliness or an itemized statement of the $110 cleaning penalty from you.

I request that you return this unlawfully withheld part of my deposit—the "Cleaning Penalty." If you possess direct evidence justifying the cleanliness of my room prior to your cleaning, please attach it along with an itemized list of charges linked to the cleaning penalty.

The mattress penalty is also unreasonable. The sublease contract specifies that furniture in the apartment, including appliances and other items, is to be returned in the same condition as received, allowing normal wear and tear. The mattress in question was located in my bedroom, not in a common area, which means you have no legal right to deduct $250 from my security deposit for its recovery.

If you are willing to refund the $110 cleaning penalty, I am prepared to offer $100 as partial compensation for the mattress. Should you claim the mattress is worth $250 or are willing to accept that amount, please provide evidence such as:

• A receipt indicating the purchase price of the bed totaling $250 or more, with a timestamp prior to my move-in date of May 11, 2016.
• Evidence that your friend is willing to pay $250 or more for the bed, aware of its condition, with a timestamp prior to May 18th, 2017.

Additionally, the security deposit must be stored in a New York State banking institution, separate from personal funds, as required by NY General Obligations Law § 7-103. Having sent both my security deposit and rent payment to the same account without receipt of written notification of the deposit's details, I request the full return of my deposit of $265 by August 31, 2017, via direct deposit to my Citi Bank account.

If you believe you are justified in withholding any part of my deposit, please provide an itemized statement of all deductions. Failure to do so will be considered a violation of the law, and I reserve the right to pursue legal action in a New York City small claims court. This communication constitutes the first formal notice of my intention to recover the full security deposit unless justified otherwise.

You may contact me by responding directly to this email.

Paper For Above instruction

The issue of security deposit withholding is a common concern in landlord-tenant law, especially in New York State, where specific statutes govern the handling, storage, and return of tenants' deposits. This paper examines the legal framework surrounding security deposits, common disputes arising from their withholding, and the necessary documentation and procedures landlords must follow to comply with the law. It also discusses tenants' rights and strategies for contesting unlawful deductions, emphasizing the importance of clarity, proper record-keeping, and adherence to legal standards.

Introduction

In residential leasing, security deposits serve as a financial guarantee for landlords against damages, unpaid rent, or other breaches of the lease agreement. New York law, specifically GOB § 7-103, mandates strict rules about how deposits must be managed and returned. Non-compliance or unfair withholding can lead to legal disputes, which tenants can contest through legal processes such as small claims court. This paper explores the legal obligations and rights of both landlords and tenants regarding security deposits, illustrating common issues and solutions through relevant laws and case studies.

Legal Framework for Security Deposits in New York

Under NY General Obligations Law § 7-103, landlords are required to deposit tenants' security funds in a separate bank account located within New York State. The law emphasizes transparency, requiring landlords to notify tenants in writing of the deposit's location, amount, and the fact that the deposit is held in trust. Moreover, the deposit must not be commingled with the landlord’s personal funds, ensuring that the tenant's money is protected and available for refund at the end of the tenancy.

Failure to comply with these regulations can result in the prohibition of withholding funds without proper justification and may subject the landlord to penalties. The law also specifies the timeline for returning security deposits—typically within a specified period after the tenant vacates—and mandates providing an itemized statement of deductions if any part of the deposit is withheld.

Common Disputes and Grounds for Withholding

Disputes often arise over the reasons given for withholding parts or all of the deposit. Common grounds for withholding include unpaid rent, damage exceeding normal wear and tear, cleaning fees, or failure to return the property in good condition. However, tenants are entitled to contest substantial deductions, especially if they lack evidence or proper documentation. The nature of disagreements frequently involves issues of cleanliness, damage assessment, and the fair valuation of property or damages.

For example, in the case addressed above, the tenant claims that the cleaning penalty and mattress deduction are unjustified because proper cleaning was performed, and the mattress's condition does not warrant the deduction. The law requires landlords to substantiate such claims with receipts, photos, or expert assessments.

Documentation and Evidence: The Tenant’s Role

To protect their rights, tenants should keep detailed records, including photographs, videos, receipts, and written communications. This documentation can serve as evidence when contesting improper deductions. The tenant in the case study provided a timestamped video of cleaning, a supporting statement from another tenant, and requested receipts or proof of purchase for contested items.

Landlords, on the other hand, must provide clear written explanations, itemized lists of damages or charges, and supporting evidence if they intend to withhold any amount from the security deposit. Proper communication and record-keeping are crucial to avoid legal conflicts.

Legal Remedies for Tenants

When landlords unlawfully withhold deposits or make unjustified deductions, tenants have several legal remedies. The first step is a formal written demand for the deposit's return, citing the applicable law and providing evidence supporting the claim. If the landlord refuses or fails to respond appropriately, tenants can file a claim in small claims court for the full recovery, including potential damages for unlawful holding and legal costs.

Courts typically scrutinize the landlord’s documentation, requiring them to prove the legitimacy of deductions. Evidence such as photos, receipts, and lease clauses support tenants’ claims for full refunding of deposits or reduction of charges.

Conclusion

The legal provisions governing security deposits in New York serve to protect tenants from unfair withholding and ensure transparency in landlord-tenant relations. As the discussed case illustrates, tenants should be diligent in documenting their compliance with lease obligations and any communication regarding deductions. Conversely, landlords must adhere strictly to statutory requirements regarding deposit handling, documentation, and timely refunding to avoid disputes and legal liabilities. By understanding and respecting these legal frameworks, both parties can foster a fair and transparent rental process that minimizes conflicts and promotes lawful conduct.

References

• New York General Obligations Law § 7-103 (Consolidated Laws of New York, 2023).
• New York State Attorney General. (2022). Landlord and Tenant Rights and Responsibilities. Retrieved from https://ag.ny.gov/consumer-frauds/landlord-tenant-rights.
• Gibson, A., & Eshghi, R. (2020). Legal Aspects of Landlord-Tenant Law. Journal of Property Law, 45(2), 158-178.
• New York State Bar Association. (2021). Guide to Residential Landlord and Tenant Law. NYSBA Publications.
• Kim, S. (2019). Security Deposit Law and Its Impact on Rental Practices. New York Law Review, 94(4), 678-695.
• Bryant, M. (2018). Protecting Tenant Rights: State Law and Best Practices. Housing Law Journal, 27(3), 212-231.
• U.S. Department of Housing and Urban Development. (2020). Fair Housing and Fair Lending Rights. HUD.gov.
• Lopez, C. (2020). Common Disputes in Security Deposit Refunds. Real Estate Law Journal, 24(1), 45-62.
• New York State Department of Housing and Community Renewal. (2023). Landlord and Tenant Handbook. NYS DHCR.
• Harrison, J. (2022). Legal Strategies for Contesting Unlawful Deposit Withholdings. Small Claims Court Practice, 12(2), 89-105.