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24/7/365 Emergency Hotline: 631-348-1702

If you have been arrested, or in case of an emergency, our attorneys can be reached 24 hours a day, 7 days a week, at 631-348-1702.

How Do I Get My Security Deposit Back?

A landlord may deduct from a tenant’s security deposit for wear and tear beyond normal damages for reasonable wear and tear.  Typically a landlord may deduct expenses from your security deposit for excessive wear and tear beyond normal use.  This has been decided by courts to include broken walls or windows, excessive filth, and damage to carpeting as a result of fish tanks.

A landlord may deduct from a tenant’s security deposit for wear and tear beyond normal damages for reasonable wear and tear.  Typically a landlord may deduct expenses from your security deposit for excessive wear and tear beyond normal use.  This has been decided by courts to include broken walls or windows, excessive filth, and damage to carpeting as a result of fish tanks.

A landlord has an obligation to provide you with the information regarding the name and location of the financial institution that will be holding the security deposit at the outset of renting the unit.  The security deposit is the property of the tenant and must not be co-mingled with any other funds.  If the building contains six or more units, the landlord is entitled to keep 1% of the deposit.

Tenants in New York are not legally entitled to a walk-through of the unit with the landlord to inspect for damages.  However, if you know that there is damage, you may choose to make the repairs yourself to avoid any security deposit deductions. You may need to obtain your landlord’s or the local municipality’s permission.  At the termination of your tenancy, your landlord should inform you of any deductions taken from the security deposit upon returning the remainder.  According to New York state law, a security deposit must be returned “within a reasonable time.”  Usually this has been interpreted as 21-45 days.

For more information, N.Y. General Obligations Law §§ 7-103 to 7-108 covers the New York statutory requirements for security deposits.

If you are entitled to the return of your security deposit and you cannot work this issue out with your landlord, you should consult with an attorney who has experience in landlord-tenant matters and will ensure that your rights are protected.  Contact McGuire & Pelaez P.C. today at (631) 348-1702.

One thought on “How Do I Get My Security Deposit Back?”

  1. I left a deposit with a realty on July 1, Friday. I could not contact the realty because Saturday is the Sabbath, but on Sunday July 3, I told the realty, due to family illness, I would not be able to sign a lease and move in. It was understood that if I changed my mine, I would loss the deposit, $1449.00. Is there a law stating that I can redeem a percent of the deposit due to the time of the transaction?

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Reviews

James Closs
James Closs
1713462068
I made the right decision going there. They are very professional, nice and knowledgeable. I recommend if you need a good lawyer to go there.
Laura Gray
Laura Gray
1713454918
Attentive, responsive, thorough, knowledgeable, EFFECTIVE!
Choosing your Firm was 100% The right Decisions. I will be forever grateful for your Expertise and Knowledge..
Waberte Ati
Waberte Ati
1712867408
Today, I had the pleasure of being represented by Timothy V. Sorell, Esq, of McGuire, Pelaez, Bennett & Belcastro, P.C., in court, and I couldn’t be more satisfied with the outcome. From the moment I met Mr. Sorell, his kindness and patience stood out. He was not only empathetic to my situation but also extremely diligent in his approach to my case.Mr. Sorell’s expertise was evident throughout the entire process. He was well-prepared, articulate, and persuasive in court. His dedication to my case was unwavering, and it was clear that he put a significant amount of effort into ensuring that we had the best possible chance of success.I would also like to extend my gratitude to the entire team at McGuire, Pelaez, Bennett & Belcastro, P.C. for their support and collaboration. Their professionalism and commitment were instrumental in achieving a favorable outcome.I am grateful for Mr. Sorell’s representation and the collective effort of the law office. I would highly recommend their services to anyone in need of legal assistance. Thank you for your exceptional service and for securing a favorable outcome in my case.
genesis freire
genesis freire
1712327509
This law firm is the best. I was charged with a petit larceny and could have gotten q criminal record. Luigi got the case discussed. Thank you.
Debra Burns
Debra Burns
1712174281
I came to see Christopher McGuire today and him and his team are very helpful. Recommend this firm to anyone.
Scott Trapani
Scott Trapani
1712086442
Brett has been a rockstar for us. Unfortunately we have had a couple of issues with my youngest, the last one being a speeding ticket. Brett handled it professionally for us, saving us the aggravation of travel for a court appearance. He was able to get the points penalty removed and just had to pay a fine that was manageable. Well worth it vs the headache of what our insurance would have been like! If I am in this situation again, I know who my family will be turning to.
Jerry Kappatos
Jerry Kappatos
1711986807
Amazing attorneys, very helpful.
Michael Cotoia
Michael Cotoia
1711811136
Absolutely great experience! Was recommended through a friend, came in as a first time client, everyone was extremely nice, helpful, and professional throughout the whole process, was told not to worry it would be taken care of… couple months later I get a call and the tickets cleared with the exact results I was looking to get!! Would very highly recommend Chris Mcguire and this firm!! Thank you guys again!
Morgan Orlick
Morgan Orlick
1711726179
This place is awesome. You need to go to them for all your traffic needs. They helped me get a speeding down to a parking ticket. I will use them for all my future traffic tickets for now on.
Jayne Furia
Jayne Furia
1711289355
Always helpful for the tickets I’ve had, came in on a Sunday when it was closed and took on my case. Very nice lawyer (Chris) who’s respectful and great at what he does.
Super professional and helped me with my traffic ticket. Highly recommended for any issue. Thank you!
Dominic Piccolo
Dominic Piccolo
1711114725
Everyone in this law firm was outstanding. Everyone was so helpful and kind. The lady at the front desk was phenomenal. They made everything easy and simple. I will continue to come back to them if needed in the future.
Jayovani
Jayovani
1711058090
Got me no points when I was stopped apparently going 85 in a 50 by state police. I recommend Mr. McGuire for traffic court for sure.
Christine Jorge
Christine Jorge
1710953278
I recently had the pleasure of working with Chris McGuire, and I can confidently say that he exceeded all expectations. From the moment I set up a consultation with him, I was impressed by his attentiveness and genuine concern for my situation. Chris took the time to listen to all of my concerns and made me feel truly heard, which immediately put me at ease.Throughout our discussions, Chris demonstrated a remarkable level of honesty and transparency. He didn't sugarcoat anything; instead, he provided me with a thorough understanding of all possible outcomes, ensuring that I was well-informed every step of the way.I am incredibly pleased with how everything turned out, and I credit Chris for his dedication and expertise. He exemplifies what every attorney should strive to be – compassionate, knowledgeable, and committed to achieving the best possible outcome for their clients.Without hesitation, I would turn to Chris McGuire and his staff for any future legal needs. I wholeheartedly recommend their services to anyone in search of exceptional legal representation. Thank you, Chris, for your outstanding work
Linsay T
Linsay T
1710419681
They were absolutely great! My insurance didn't go through to the DMV properly so I got pulled over & the cop was a jerk. Wrote me a bunch of unnecessary tickets. I was really struggling financially as well & couldn't miss work over this, so they were so kind to work out an arrangement with me. Very thankful for this group of lawyers
Jose Sepulveda
Jose Sepulveda
1710361858
Marlene Pessoa
Marlene Pessoa
1710273650
Mr. McGuire was extremely honest with the consultation and that was well appreciated. I felt comfortable and would recommend them to anyone who would benefit from their services.
Cesar Garcia
Cesar Garcia
1710261013
Chris is an excellent lawyer. He is very kind and helpful. He helped me with my son’s traffic case. I would recommend him a million times and more.
For me, the best lawyers in Long Island, New York, have helped me resolve two cases, one related to traffic and the other in real estate. I am very pleased with McGuire Peláez & Bennett PC.
Jenrry Giron
Jenrry Giron
1709842453
They were so Kind and very helpful.
I was able to visit the office today where they attended with courtesy and they made me feel very comfortable. I am extremely grateful for their help. Whoever needs help with any situation I would recommend them! They are attentive and helpful.
d gonzo
d gonzo
1709239423
This is the most helpful law office I've ever dealt with. Through the past few years they have handled traffic citations for each of my teen boys, who are otherwise good drivers but unfortunately experienced mishaps. In every case they were responsive and effective and have saved us significant money by working with the court to reduce or eliminate penalties and points. Highly recommended.
Great help. Chris really helped me understand what needed to be done. Thank you guys!
Muy buenos abogados
Danilo Ramos
Danilo Ramos
1708189224
They are very helpful, and honest
Danny Saturne
Danny Saturne
1708181555
Absolutely professional and efficient when handling my case.
Buen abogado gracias ayudarme a remover mi multa
Marie Tossaint
Marie Tossaint
1707773192
Karen was Very helpful and kind. she's the best! I would recommend them to anyone & everyone!
Louis Merced
Louis Merced
1707518284
Trust this law firm !
Very nice, quickly assisted, great response from everyone working here.
Marvin Sanchez
Marvin Sanchez
1706717726
Mr.Bennett and his team helped me when i needed them the most. Amazing work!
marvin deleon
marvin deleon
1706294947
Very helpful firm and people. McGuire has helped me a lot! Very thankful for this firm.
Fatima Amaya
Fatima Amaya
1706113584
The best thing I could see done was to do things legally and they are excellent and super professional, their assistants are very kind and helpful. I thank them for everything and that they have resolved my case with professionalism.
Troy Brinkhuis
Troy Brinkhuis
1706111589
Just Stop It!! Stop searching the Internet for a good lawyer to handle your traffic tickets. M, P & B are the best, so look no further. No, I am not a friggin cheerleader, nor am I being compensated to write a good review. Actually, I did receive something from Mr. Bennett and his team of professionals: Great Results!! I'm just a 50 something years-old Army veteran, and a guy who busts his a$$ every day to make a modest living. I don't have the time or money for mediocre results. When it comes to lawyers, I tend to be a bit skeptical, cynical and judgemental, but M, P & B (Mr. Bennett and his team, in particular) made me a believer. Thanks again, guys and gals at McGuire, Palaez & Bennett 👍👍
Brandon Morales
Brandon Morales
1705598327
I’m very happy with the outcome of my case since all was reduced to parking tickets and a small fine. They were super helpful and the work from my end was minimal. Overall good people and kind to customers, attorney Bennet did a really good job in court.
Jaime Mendez
Jaime Mendez
1705112699
Muy profesional ala hora de trabajarGracias Mr pelaez
Excelente atención y solución eficaz, recomendado al 100%
Tereza ramirez
Tereza ramirez
1704750780
Son muy buenos ami pues me ayudaron mucho asi que con gusto volveré en el futuro digo si Dios me lo permite gracias
Debbie Gangemi
Debbie Gangemi
1704642320
Christopher was great to work with. His staff was friendly and efficient as well. Chris spent endless hours ( even while away ) on a case and worked through everything for me. We would definitely recommend his firm. Thank you again.
julio cabreja
julio cabreja
1704599802
Jhoselyn Rodas
Jhoselyn Rodas
1703350596
Mr. McGuire and his team are super helpful, understanding, and professional throughout the process. They kept me informed every step of the way, which I appreciated! I highly recommend this law firm! Thank you so much Mr. McGuire!
Pete Sweat
Pete Sweat
1703271616
I hired Brett and his team to help restore my license which was suspended/revoked for years due to points/accidents. Fairly priced… after trying to take care of it on my own (paying fines and taking classes) I hired Brett, they did everything they could even after I moved from NY to FL, everyone who I spoke to was very helpful ESPECIALLY Daslin, she told me everything I needed to do and calmed me down when I thought I’d never get my license. Well it took some time but I am officially a LICENSED DRIVER! If you are having license problems don’t hesitate to call them, you won’t regret it. They even sent me my $100 money order back that went unused after my license was restored. 5 ⭐️’s
Kathy Mai
Kathy Mai
1703088891
We are very grateful that we got Mr. McGuire to represent us for our case! Mr. McGuire is extremely helpful and professional, he stayed on top of everything for us, and most importantly he helped us to achieve the result that we wanted. Mr. McGuire always open to talk and provided his professional opinions to guide us through the whole process. And his colleague Mr. Sorell was also helpful to support us at the final meeting. I can't say enough good things about Mr. McGuire and his firm, I really appreciated everything they have done for us, thank you very much!
rcassidy1952
rcassidy1952
1702906093
McGuire and his team done an outstanding job. Highly recommend!
Walter Vespe
Walter Vespe
1702827004
Mr McGuire has been our family lawyer for over 20 years. Mr McGuire has help my family from estate concerns to handling serious charges. His experience and knowledge of the law is second to none. I would Highly recommend
Tara Maddalena
Tara Maddalena
1702747130
Amazing law firm!!! They get it done. My husband and I have used Chris McGuire for different legal issues and he has been consistently wonderful. We recommend highly to all who have legal needs.
Sandy Niehr
Sandy Niehr
1702743650
McGuire, Pelaez & Bennett are great attorney’s who really cares about their client. Their fee is reasonable when I compared to other lawyers in the area. They are very knowledgeable and professional. Was always able to reach them and communicate with them whenever I had a concern. I highly recommend this law firm. Friendly staff too.
I appreciate the great customer service as well as the big help from everyone in the office. I would highly recommend them to any of my friends and family!
Jasmin Garcia
Jasmin Garcia
1702735811
They are the best lawyers ever! Highly recommend them. Super friendly and knowledgeable.
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