Deposits

Your rental agreement or lease may ask you to give the landlord an amount of money to hold as a deposit, in addition to your rental payment.  Here are some things to look for:

The Cleaning Deposit - is a separate deposit that allows the landlord to use the deposit to clean or paint the rental property after you move out. In a large number of cases, the landlord does not refund this deposit.

The Damage Deposit - must be returned when you leave the rental property unless you, the renter, caused physical damage beyond normal wear and tear or you caused economic damage to the landlord by not giving adequate written notice about moving.

The Security Deposit - is a term that is sometimes used interchangeably with the damage deposit; however, some additional complications may appear under a security deposit. For example, you may be required to rent the dwelling unit for a specific amount of time before the deposit will be refunded. Read your lease carefully to see if it contains any provisions, reservations or conditions that affect the refunds of deposits.

Laws regulate how a deposit is held by the landlord or how it is to be refunded to the tenant. These laws cover items such as interest on the deposit and money damages to tenant for improper withholding. See the NYS Tenants Rights Guide for specifics.

NY Rent Security Complaint Form.  The NY State Attorney General investigates complaints that a landlord has failed to place security deposits in trust accounts, return a security deposit within a reasonable time after the end of a lease, or to pay interest on rent security deposits.  You must complete and send in this 2-page form (PDF, 2K) to begin such an investigation.

In the City of Ithaca, city code further specifies that when you move out, the landlord must return your security deposit within 30 days. Or if the landlord does keep the deposit, he or she must write you a letter within 30 days explaining why and specifying the cost of each repair. 

Last Updated: July 18, 2011