Ithaca, N.Y., Code of Ordinances ch. 258 § 258-7
Wrongful retention of security deposit
Operative Text
In the event that the landlord willfully and without good cause fails to return all or a portion of the security deposit, a court may award to the tenant up to triple the amount of that portion of the security deposit wrongfully withheld from the tenant, together with reasonable attorney's fees and court costs. In determining whether to award such treble damages and/or attorney's fees, the court may consider the past practices of the landlord regarding return of other security deposits. Treble damages and/or attorney's fees shall not be awarded pursuant to this section where a landlord has made a good-faith effort to estimate the amounts which properly should be withheld from the security deposit and has returned to the tenant the balance of the security deposit in a timely manner. Should the landlord, within the aforesaid thirty-day period, fail to return the entire security deposit or fail to provide the aforesaid written statement specifying the reasons for the retention of all or a portion of the security deposit, accompanied by full payment of the difference between the security deposit and the amount retained, it shall be presumed that the landlord is willfully and without good cause retaining the security deposit.
Under Ithaca, N.Y., Code of Ordinances ch. 258 § 258-7, when a landlord willfully and without good cause keeps all or part of a tenant's security deposit, a court has the authority to award the tenant up to three times the wrongfully withheld amount, plus reasonable attorney's fees and court costs. A landlord who fails within thirty days to either return the full deposit or provide a written explanation of any deductions accompanied by the remaining balance is presumed to be acting willfully and without good cause. However, treble damages and attorney's fees are not available where the landlord made a genuine good-faith effort to calculate proper deductions and returned the balance in a timely manner.
Plain English — not legal advice.
Operators subject to Ithaca, N.Y., Code of Ordinances ch. 258 § 258-7 generally protect themselves from treble-damage exposure by returning the full security deposit—or a written itemization of deductions with the remaining balance—within the thirty-day window following a tenancy's end. Compliant landlords document the basis for any withholding carefully and consistently, since courts may examine a landlord's past practices across multiple tenancies when deciding whether to award enhanced damages and attorney's fees. Maintaining thorough move-in and move-out records, including photos and signed condition reports, supports a credible good-faith defense if a dispute arises.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 258-7 of Ithaca's Code of Ordinances gives tenants a meaningful remedy when a landlord wrongfully keeps a security deposit: a court may award up to triple the withheld amount plus attorney's fees and court costs. If a landlord misses the thirty-day deadline to return the deposit or provide a written accounting with any remaining balance, the law presumes the retention is willful, which can strengthen a tenant's position in a court proceeding. Tenants who believe their deposit was improperly withheld may consider consulting a local tenant-rights organization or reviewing small claims court procedures in Tompkins County as general starting points for understanding available options under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.