How long should I have to wait to get my rent deposit back?

I live in NYC, and recently moved out my apartment April 1st. I didn't give the landlord thirty day notice, however my yearly lease had expired this past February, and still was paying rent. No matter how many times I asked about renewing the lease the landlord would always brush my wife and I and tell us that she was too tired or had to work but would do it soon as she had a chance. This went on for two months.





Finally I heard about a great deal and saw an opportunity to move my family to a more stable setting. I let my landlord know, however it was two weeks prior to moving. We were told to repaint the kids room, and replace a toilet covering. We also are being blamed for tiny tiny paint spots that got on the carpet from us repainting. These are the damages that the landlord and her husband are charging us and holding our money for. They've been rude and are being spiteful in the way they're handling numerous attempts by my wife and I to have the deposit returned. She even said she'll give us the money when she feels like it and that we didn't give her thirty day notice so she can take her time.





This is where I get technical. On the lease it says that the landlord has fifteen days from when tenant vacates to return any security deposit, its been more than 15 days. Also technically we had no lease for 60 days, so that would make it more than 30 days.





So I guess since they want to get nasty my question is can I demand my return on paper have it certified delivered then take it to court. What moving dates do I use?|||The moving date you use is the one where you handed the keys to the landlord.





But, since you illegally left, without giving legal notice do not be expecting much. They can keep another months rent in addition to the damage you did to the unit. Expect that carpet to be expensive to replace.|||I don't know about new york, but in colorado, at the end of your lease you automatically revert to a month to month lease. Notice is still required, but only 10 days. After 1 year, painting is normal wear and tear and that cant be taken out of the deposit, but it sounds like the other charges might be legit. If you go to court you will have to prove that you gave sufficient notice or you wont get anything. so if you don't have proof of 10 days notice, just cross your fingers %26amp; hope she gets around to paying you.|||You automatically reverted to a month to month tenancy upon the end of your lease agreement.





The law states that you need to provide (30) days notice to vacate, you did not.





You will be lucky to see that money back.|||You needed to give her a 30 day written notice. Even though your lease was up, you were then automatically on a month to month tenancy that in most areas, requires you to give them 30 days warning of you moving. You did not do this. Also, sounds like they gave you a list of things they were going to deduct from the deposit. Technically, the landlord can keep your deposit on the grounds you didn't give her the required notice of intent to move.





If you take this to court, expect to either lose or not get your entire deposit back, as I am sure the landlord will come up with receipts for other things that were broken/needed repair.|||You can't pick and choose what you want from the expired lease. You state that landlord has to return the deposit within 15 days...well, I'm sure your lease also states that you must give a 30 days notice to vacate. Also, NYC and NYS law requires a 30 day notice if the lease is silent on notice time.





Your landlord is legally entitled to keep your entire deposit for your failure to follow your lease and/or state law by providing proper notice. She can also sue for damages. Take her to court, but expect to be countersued.