Legal Question in Real Estate Law in New York

does security have to be returned w interest

I read somewhere that security deposit(i am the rentor)has to be returned w interest & would like to know if this is true.I will be moving out on may 31st,& have a $1000 deposit for approx. 30 months. I know this has been invested in a cd the whole time & think the interest should come back to me. thank you tom w.


Asked on 4/10/01, 6:32 pm

1 Answer from Attorneys

Re: does security have to be returned w interest

Interest is payable only upon security

deposits for multiple dwellings. These

were defined as being greater than 6 family

units the last time I looked. Thus, the

vast majority of single family homes, and

two or three family residences do not have

such obligation. Apartment buildings already

know of the obligation , and uniformily

obtain your SS# to have the interest

earned reported directly to you for IRS

purposes. So I would bet there is no

obligation on the part of the landlord.

Further, do not lose sight of the overwhelming

fact that most tenants do not return the

premises in a condition satisfactory to the

landlord and rarely receive a full refund.

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Answered on 6/08/01, 5:42 pm


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