Deposit laws by state › New York
State law · New York
New York security deposit law
How long your landlord has to return your deposit, what they can deduct, and what happens if they get it wrong.
Short answer: The landlord must return the deposit, or send an itemized statement of what was kept and why with the rest of the deposit, within 14 days after the tenant moves out.
How long does a landlord have to return a security deposit in New York?
- Return deadline
- The landlord must return the deposit, or send an itemized statement of what was kept and why with the rest of the deposit, within 14 days after the tenant moves out.N.Y. Gen. Oblig. Law § 7-108(1-a)(e)
- Itemized list
- The itemized statement is due within the same 14 days.N.Y. Gen. Oblig. Law § 7-108(1-a)(e)
- Forwarding address
- No forwarding-address requirement starts or stops the 14-day clock.N.Y. Gen. Oblig. Law § 7-108(1-a)(e)
Prefer a full page? Use the security deposit deadline calculator.
What happens if a New York landlord misses the deadline?
- If the landlord misses it
- A landlord who does not provide the itemized statement and the deposit within 14 days forfeits any right to keep any part of the deposit.N.Y. Gen. Oblig. Law § 7-108(1-a)(e)
- Penalty
- A landlord is liable for actual damages. If a judge finds the landlord willfully violated the rules, the landlord can also owe punitive damages of up to twice the deposit.N.Y. Gen. Oblig. Law § 7-108(1-a)(g)
- Burden of proof
- The landlord bears the burden of proving the amount kept was reasonable.N.Y. Gen. Oblig. Law § 7-108(1-a)(f)
Penalties that depend on bad faith or willfulness are possible, not automatic. Only a judge can make that finding.
What can a New York landlord deduct from your deposit?
What can be deducted: Only reasonable, itemized costs for unpaid rent, damage beyond normal wear and tear, unpaid utilities payable to the landlord, and moving and storing the tenant's belongings. (N.Y. Gen. Oblig. Law § 7-108(1-a)(b))
Normal wear and tear: The landlord may not keep any amount for ordinary wear and tear or for damage caused by a prior tenant. (N.Y. Gen. Oblig. Law § 7-108(1-a)(b))
What the itemized list must include: An itemized statement of the basis for each amount kept. (N.Y. Gen. Oblig. Law § 7-108(1-a)(e))
Also: The landlord may not keep money for conditions noted in a signed move-in condition agreement, and must tell the tenant in writing of the right to a pre-move-out inspection. (N.Y. Gen. Oblig. Law § 7-108(1-a)(c)-(d))
More on common charges: normal wear and tear, cleaning, painting, and a missing itemized list.
Is there a limit on security deposits in New York?
No deposit or advance may exceed one month's rent. (N.Y. Gen. Oblig. Law § 7-108(1-a)(a))
Taking a deposit case to small claims court in New York
Small-claims limit: New York's small-claims limit depends on the court: $10,000 in New York City, $5,000 in city courts outside NYC and in Nassau and Suffolk, $3,000 in town and village courts. (NY Courts small-claims guidance)
Most deposit disputes never get that far. A clear demand letter, sent by certified mail, often settles them first.
Good to know
- Courts have tied the 14 days to the date the tenant actually moved out; leaving belongings behind can push that date later (Urban v Zipper, 2d Dep't 2025).
- Courts have not settled whether forfeiture also stops a landlord from counterclaiming for damage beyond the deposit.
What to do if your New York landlord kept your deposit
- Pin down your dates. When you moved out, returned the keys, and gave a forwarding address in writing. Compare them with the deadline above.
- Gather your evidence. Move-in and move-out photos, the lease, the landlord's list of deductions, receipts and messages. The case checklist covers what matters.
- Send a demand letter by certified mail. Ask for the money, cite New York's rules, and give a deadline to pay. What a demand letter does.
- If they still don't pay, consider small claims court. You don't need a lawyer there.
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Sources
These rules come from the same verified table the Demand Letter Companion uses, checked against the sources below on October 25, 2026. Laws change; check the current official text before relying on a date.
- N.Y. Gen. Oblig. Law § 7-108: nysenate.gov
- NY Courts small-claims guidance: nycourts.gov
- N.Y. Gen. Oblig. Law § 7-108(1-a)(a): newyork.public.law
Other states: see the guides for all 50 states and DC
This page is general legal information, not legal advice. Local ordinances can add rules, and your lease and facts matter. For advice about your situation, consult a licensed attorney in New York.