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How to File a Claim with the Tenant Board or Small Claims Court to Get My Deposit Back?

By FightLandlords
How to File a Claim with the Tenant Board or Small Claims Court to Get My Deposit Back?

When your landlord refuses to return your security deposit despite your requests, you need to understand New York's enforcement system: there is no "tenant board" with adjudication power, but you have two powerful paths—filing with the Attorney General for investigation and pressure, and suing in Small Claims Court for a binding judgment that forces payment.

Most tenants think these processes are complicated, expensive, or require attorneys. The reality is simpler: Small Claims Court is specifically designed for non-lawyers to handle exactly these disputes, costs under $30 to file, and typically results in winning judgments within 30-60 days when landlords violate the clear 14-day deadline rule.

Understanding New York's Enforcement System

Before diving into how to file, understand what options exist and what each does.

No "Tenant Board" in New York

What tenants often ask for doesn't exist:

Many states have "Landlord-Tenant Boards" or "Rental Housing Tribunals" where disputes are heard. New York doesn't have this.

What New York has instead:

Attorney General enforcement:

Court system:

Division of Housing and Community Renewal (DHCR):

The bottom line: For security deposit recovery, you'll use Attorney General complaints for pressure and Small Claims Court for actual money judgments.

Why Two Paths Are Better Than One

Smart strategy uses both simultaneously:

Attorney General complaint:

Small Claims Court case:

Using both together:

Step 1: Send Demand Letter First (Required)

Before filing anywhere, you must attempt direct resolution. This isn't just good practice—courts and AG expect it.

Why Demand Letters Matter

Legal and practical reasons:

Courts want to see you tried:

AG wants documentation:

Many landlords pay at this stage:

Creates clear record:

What Your Demand Letter Must Include

Essential elements:

[Your Name]

[Your Current Address]

[Phone]

[Email]

[Date]

 

[Landlord Name]

[Landlord Address]

 

RE: FINAL DEMAND FOR RETURN OF SECURITY DEPOSIT

    [Old Apartment Address]

 

Dear [Landlord Name]:

 

I am writing to demand the immediate return of my security deposit in the amount of $[amount] for the apartment at [address].

 

FACTS:

- I rented the apartment from [lease start date] to [move-out date]

- I paid a security deposit of $[amount] on [date]

- I vacated the apartment and returned all keys on [move-out date]

- The apartment was left in good condition with only normal wear and tear

 

LEGAL VIOLATION:

Under New York General Obligations Law § 7-108, you were required to either:

1. Return my full security deposit within 14 days of move-out, OR

2. Provide written, itemized statement of deductions within 14 days

 

I moved out on [date]. Your deadline was [date—14 days later].

 

As of today, [current date], you have failed to return any portion of my deposit or provide any itemization. This failure, now [X] days past your legal deadline, results in automatic forfeiture of any right to withhold any amount under New York law.

 

PRIOR CONTACT:

I have previously contacted you requesting return of my deposit:

- [Date]: [method—text/email/phone]

- [Date]: [method]

- [Date]: [method]

 

You have not responded to any of these requests.

 

FINAL DEMAND:

I demand payment of the full $[amount] security deposit within 7 days of this letter, by check or money order sent to my current address above.

 

NEXT STEPS IF YOU DO NOT PAY:

If I do not receive payment within 7 days, I will immediately:

 

1. File a complaint with the New York Attorney General's office documenting your violation of GOL § 7-108

 

2. File a claim in Small Claims Court seeking:

   - The full deposit amount of $[amount]

   - Punitive damages up to twice the deposit for willful violation

   - Court filing fees and costs

 

New York courts consistently rule in favor of tenants when landlords violate the clear 14-day deadline. Your violation is well-documented and indisputable.

 

This is your final opportunity to resolve this matter without government and court involvement.

 

Sincerely,

 

[Your Signature]

[Your Printed Name]

 

Enclosures: None [or list if attaching timeline, etc.]

How to Send the Demand Letter

Maximize proof of delivery:

Certified mail, return receipt requested:

Email same day:

Text if you have landlord's cell:

Keep copies of everything:

Set calendar reminder:

What Happens After Demand Letter

Three possible outcomes:

1. Landlord pays (best case):

2. Landlord responds with excuses:

3. Landlord ignores (most common):

Don't wait longer than 10 days. If no payment by then, landlord is calling your bluff. Time to make good on your promise to file.

Option A: File Complaint with NY Attorney General

This is your free, easy first filing that adds official pressure.

What the Attorney General Can Do

AG's authority over security deposits:

Investigative power:

Enforcement authority:

What AG cannot do:

Think of AG as pressure tool, not court replacement.

How to File AG Complaint

Go to ag.ny.gov:

Navigate to complaint form:

Online form includes:

Your information:

Landlord information:

Property information:

Complaint details:

Amount at issue: $[deposit amount]

Description of problem: "Landlord violated NY General Obligations Law § 7-108 by failing to return my security deposit or provide itemized statement within required 14 days. I moved out [date], deadline was [date 14 days later], and landlord has not responded despite multiple requests. I am owed $[amount]."

What you've done to resolve: "Sent formal demand letter on [date] via certified mail requesting return of deposit. Landlord has not responded or returned deposit."

What you're seeking: "Return of full $[amount] security deposit that was illegally withheld past the 14-day deadline."

Documents to Upload

Required attachments:

1. Lease or rental agreement

2. Proof of deposit payment

3. Proof of move-out

4. Your demand letter

5. Timeline document

Save as PDFs, upload to form.

What Happens After You File

AG's process:

Confirmation:

Initial review:

Contact with landlord:

Possible outcomes:

Landlord pays:

Landlord responds with excuses:

AG investigates further:

AG closes case:

Timeline: Weeks to months, typically 4-8 weeks for initial contact with landlord

Why File with AG Even If Also Going to Court

Strategic benefits:

Adds pressure:

Creates official record:

No downside:

Helps other tenants:

File AG complaint same day or day after sending demand letter. Don't wait to see if demand letter works.

Option B: Sue in Small Claims Court

This is how you get a binding judgment that forces payment.

Understanding Small Claims Court

What Small Claims Court is:

Designed for non-lawyers:

Fast process:

Low cost:

Informal:

Dollar limits:

Perfect for security deposits: Most deposits are $1,500-$5,000—well within limits.

Where to File Your Case

Location matters—file in right court:

General rule: File in county where rental property is located

New York City (5 boroughs):

Outside NYC:

Cities and larger towns:

Smaller towns and villages:

Find your specific court:

Alternative venue: In some cases, can file where landlord's business is located, but safest is where property is.

How to Start Your Small Claims Case

Step-by-step filing process:

Step 1: Get the form

In person:

Online:

Step 2: Fill out the Statement of Claim

Plaintiff information (you):

Name: [Your full legal name]

Address: [Your current address]

Phone: [Your phone number]

Email: [Your email]

Defendant information (landlord):

Name: [Landlord's full name or company name]

Address: [Landlord's address or business address]

If landlord is company: Use company legal name exactly as shown on lease

If landlord is individual: Use their full legal name

Claim details:

Amount claimed: Calculate total:

Example:

Basis of claim (reason):

Short version for form: "Defendant landlord violated NY General Obligations Law § 7-108 by failing to return $[amount] security deposit within required 14 days after Plaintiff moved out on [date]. Deadline was [date]. Defendant has not returned deposit or provided valid itemization. Plaintiff seeks return of deposit plus punitive damages for willful violation."

Longer version if space allows: "Plaintiff rented apartment at [address] from [start date] to [move-out date]. Plaintiff paid $[amount] security deposit. Plaintiff vacated on [date] and returned all keys. Under NY GOL § 7-108, Defendant had 14 days to return deposit or provide itemized deductions. Deadline was [date]. Defendant failed to comply, now [X] days late. Defendant forfeited all withholding rights. Plaintiff demanded return via certified letter dated [date]. Defendant did not respond. Plaintiff seeks full deposit, interest [if applicable], and punitive damages up to twice deposit for willful violation."

Step 3: File with court

Bring to clerk's office:

Clerk will:

Pay filing fee:

Step 4: Service of process

Landlord must be officially notified:

Court usually handles service:

If you must arrange service:

Service requirements vary by court—clerk will explain.

Preparing for Your Small Claims Hearing

Between filing and hearing date, get organized:

Documents to bring (3 copies—judge, landlord, you):

Essential documents:

  1. Your filed Statement of Claim
    • The stamped copy clerk gave you
    • Shows case number and hearing date
  2. Lease agreement
    • Showing rental terms
    • Showing deposit amount
    • Showing lease dates
  3. Proof of deposit payment
    • Receipt from landlord
    • Cancelled check front and back
    • Bank statement showing payment
    • Money order receipt
  4. Move-out evidence
    • Photos of apartment on move-out day with timestamps
    • Text/email confirming key return
    • Any move-out inspection form
    • Move-in photos if you have them (shows pre-existing conditions)
  5. Timeline document (most important)

SECURITY DEPOSIT CASE TIMELINE

 

Lease signed: [date]

Monthly rent: $[amount]

Security deposit paid: [date] - Amount: $[amount]

 

Tenancy period: [start date] to [move-out date]

 

Move-out date: [date]

Keys returned: [date]

 

LANDLORD'S LEGAL DEADLINE: [date—14 days after move-out]

 

Days past deadline as of today: [number] days

 

MY ATTEMPTS TO RECOVER DEPOSIT:

[Date]: Texted landlord requesting deposit - no response

[Date]: Emailed landlord - no response

[Date]: Sent certified demand letter

[Date]: Demand letter delivered (per return receipt)

[Date]: Filed AG complaint

[Date]: Filed this small claims case

 

LANDLORD'S RESPONSE: None

 

AMOUNT OWED: $[deposit amount]

INTEREST OWED: $[amount if applicable]

TOTAL CLAIMED: $[total]

  1. Demand letter
    • Copy of letter you sent
    • Postal receipt
    • Return receipt (green card)
    • Email confirmation if sent electronically
  2. Evidence of landlord's non-response
    • Text message screenshots
    • Email threads
    • Phone logs if you called
    • Anything showing you tried and they ignored
  3. GOL § 7-108 statute
    • Print the law
    • Highlight relevant portions
    • Have available for judge

Optional but helpful:

Organize in folder:

Practice your explanation:

What you'll tell judge (2-3 minutes):

"Your Honor, I'm here to recover my $[amount] security deposit that my landlord illegally withheld. I rented [address] from [date] to [date]. I paid $[amount] deposit. I moved out on [date] and returned the keys. The apartment was in good condition—I have photos. Under New York law, my landlord had 14 days to return my deposit or send me a list of deductions. That deadline was [date]. It's now [current date], [X] days past the deadline. I've texted, emailed, and sent a certified letter demanding my deposit. My landlord has never responded. Under GOL § 7-108, landlords who miss the 14-day deadline forfeit all rights to keep any portion of the deposit. I'm asking for my full $[amount] deposit back, plus [punitive damages if claiming] because this was a willful violation."

Stay calm, factual, organized.

What Happens at the Small Claims Hearing

Day of hearing:

Arrive early:

Court atmosphere:

When your case is called:

Both parties go before judge:

You present first:

Key points to make:

  1. "I moved out [date] and returned keys"
  2. "Landlord's deadline under law was [date]"
  3. "Landlord failed to return deposit or itemize within 14 days"
  4. "That failure forfeits all withholding rights under GOL § 7-108"
  5. "I demanded payment in writing—landlord ignored me"
  6. "I'm entitled to full deposit plus [punitive damages] for willful violation"

Landlord presents:

Common landlord defenses (and your responses):

"There was real damage"

"I didn't know about 14-day rule"

"I sent something but tenant didn't get it"

"Tenant left early so I had more time"

Judge asks questions:

Judge decides:

Three possible outcomes:

You win full amount:

You win partial amount:

Landlord wins:

Most common outcome: You win.

Judges see these cases constantly, know the law, and rule strictly on deadline violations.

Judgment details:

After You Win: Collecting Your Judgment

If landlord pays voluntarily:

If landlord doesn't pay: You can enforce judgment through court mechanisms.

Enforcement options:

1. Information subpoena:

2. Wage garnishment:

3. Bank account levy:

4. Property lien:

5. Marshal/sheriff seizure:

How to start enforcement:

Return to court:

Marshal/sheriff involvement:

Most landlords pay once enforcement starts:

Judgment is good for 20 years in New York and accrues 9% annual interest, so you have time to collect.

Strategic Timing: How to Use Both Paths

Optimal timeline for maximum pressure:

Day 1 - Send demand letter:

Day 2 - File AG complaint:

Day 8 - Follow up:

Day 10 - File small claims:

Week 2 - AG contacts landlord:

Weeks 3-6 - Small claims hearing:

This timeline creates mounting pressure:

Special Considerations

You're Outside NYC

Small claims still available statewide:

Different courts handle small claims:

Dollar limits vary:

If deposit exceeds limit:

Find your local court: nycourts.gov has complete directory by county

Landlord Is in Another State

Can still sue where property is:

Service may be more complicated:

You Moved Out of State

Can still sue from anywhere:

Check with court about remote options: Many courts now allow remote hearings post-COVID

Landlord Is Company, Not Individual

Sue the company:

Judgment against company can be collected from company assets.

Multiple Roommates

Each roommate has claim for their share:

All roommates should participate: Stronger case when all tenants confirm facts

You Caused Some Damage

Doesn't eliminate your rights:

Procedure matters as much as substance.

Judge may ask if apartment had damage—be honest. But emphasize landlord's procedural violation.

Why Small Claims Court Works for Tenants

System designed for exactly this:

Judges know the law:

Low burden of proof:

No legal expertise needed:

Fast and cheap:

Enforceable judgment:

High win rate for tenants on deadline violations: When you have clear evidence landlord missed 14-day deadline, you almost always win.

The Process Is Simpler Than You Think

Filing to recover your illegally withheld security deposit involves two straightforward steps that don't require legal knowledge, don't cost more than $30, and typically result in you getting your money back within weeks.

The process:

  1. Send demand letter citing the 14-day violation
  2. File AG complaint online (free, 20 minutes)
  3. File small claims court case (under $30, one form)
  4. Gather your evidence (timeline + documents)
  5. Appear at hearing (30-60 days later)
  6. Win judgment (same day usually)
  7. Collect your money

What stops most tenants isn't complexity—it's not knowing these paths exist and believing the process is harder than it is.

The law is on your side. The violation is clear. The process is designed for non-lawyers. The judges rule consistently for tenants on deadline violations. You just need to follow through.

Send that demand letter today. File that AG complaint tomorrow. File small claims next week. Show up to court with your timeline. Get your money back.

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