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.
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.