New York · Security deposit dispute

Security deposit dispute in New York small claims

Landlord kept your deposit? Take it to small claims.

If your landlord did not return your security deposit, or kept part of it without a proper itemized reason, small claims court is the usual place to get it back. Most states require the landlord to return the deposit (or send an itemized list of deductions) within a set number of days after you move out. Because that specific deadline varies by state and is not a filing statute of limitations, verify it with your court or state housing agency before you rely on it.

In New York, small-claims cases are heard in the Small Claims Court (the small claims part of the local civil court) and you can sue for up to $10,000 (in New York City; $5,000 in district and city courts; $3,000 in town and village justice courts).

Security deposit dispute: steps that matter

  1. Document the unit's condition at move-out (photos, video, a signed walkthrough) and keep your lease and move-in records.
  2. Send the landlord a written demand for the deposit, with your forwarding address, and keep proof you sent it.
  3. Check your state's deposit-return rules (how many days the landlord had, and whether an itemized statement was required) with your court or state housing agency.
  4. If the deposit is not returned, file in small claims within the deadline below and bring your lease, photos, and demand letter.

Filing your Statement of Claim (in NYC, form CIV-SC-50) in New York

  1. Confirm you can sue and pick the right county. Only an individual age 18+ can be a small-claims claimant (a parent/guardian sues for a minor); corporations, partnerships, associations and assignees cannot sue (they must use Commercial Claims). In general you sue in the county where either party resides; in NYC, if no party resides in the City, you may sue where a party works or has a business address.
  2. Fill out the Statement of Claim at the Clerk's office. Go to the Small Claims Court Clerk's office in the proper county and fill out a Statement of Claim (NYC form CIV-SC-50). You must be able to explain the reason for the suit, know the amount claimed, and have the correct name and address (including zip code) of the person or business being sued. (Non-NYC residents suing an NYC resident may instead file by mail using the Instructions for Filing / CIV-SC-66.)
  3. Pay the filing fee. In NYC, pay $15.00 if the claim is up to and including $1,000, or $20.00 if the claim is over $1,000 and up to $10,000. Payment must be cash, certified check, money order, or bank check payable to 'Clerk of the Civil Court' (no personal checks). If you cannot afford the fee, ask the clerk about the Fee Waiver / Poor Person's Relief form (CIV-GP-15).
  4. Get a hearing date; the clerk serves the defendant. The clerk gives you a hearing date (NYC hearings are usually at 6:30 p.m.; daytime hearings can be requested by seniors, disabled persons, or night workers with proof). The clerk then mails the notice of claim to the defendant by certified mail and by ordinary first-class mail.
  5. Prepare your evidence for the hearing. Before the hearing, gather evidence supporting your claim (e.g., a written agreement, itemized bills or invoices marked 'paid,' receipts, at least two itemized written repair/service estimates, canceled checks, photographs, damaged items, letters). Arrange any witnesses, and use a subpoena if a witness or records will not appear voluntarily.

Filing fees: Filing and service fees are set locally and vary; confirm the current amount with the court. A fee waiver is available if you cannot afford the costs.

Deadline that applies to your security deposit dispute

A security-deposit claim is generally treated as a contract claim (your lease), so the contract statute of limitations below is the usual outer deadline to sue. Many states ALSO set a separate, shorter deadline for the landlord to return or itemize the deposit — that landlord deadline is set by your state's landlord-tenant statute, not shown here, so confirm it with your court or state consumer/housing agency.

Written contract: 6 years (CPLR 213(2))

Answering a lawsuit: There is no formal written 'answer' in NY Small Claims Court. After filing, the clerk serves the defendant a notice of claim stating when to appear; the case is decided at the hearing on the assigned date. (A defendant may file a counterclaim, and a small-claims case will not go to trial until the defendant has been served.)

Serving the defendant: The court clerk serves the defendant; the claimant does not. The clerk mails the notice of claim by certified mail and by ordinary first-class mail. If the first-class notice is not returned by the post office as undeliverable within 21 days, the defendant is presumed to have received notice. If mail cannot be delivered, the court gives a new hearing date and arranges personal delivery, which must be done by someone 18+ who is not a party (never by the claimant). If the defendant cannot be served within 4 months after filing, the claim is dismissed (it can be refiled later).

Appeals: An appeal can be taken only from a Judge's order or judgment (arbitrator/referee decisions, settlements, and defaults are not appealable). File a Notice of Appeal (NYC form CIV-GP-67A), have a non-party 18+ serve a copy on the opponent, file the original with an Affidavit of Service, and pay the appeal fee. The appeal must be filed within 30 days from service of the judgment or order plus written notice of its entry (no time limit if a copy of the judgment/order was never served). The appeal is a review by the Appellate Term of the Supreme Court (not a new trial); an appeal does not by itself stay enforcement of the judgment.

This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: NY Courts CourtHelp: Small Claims (overview and limits). Last reviewed 2026-06-23.