New York security deposit law: the 14-day deadline, penalties, and how to get your money back
Under N.Y. Gen. Oblig. Law § 7-108, your landlord has 14 days after you move out to return your security deposit or send an itemized statement of deductions. Failure to provide the deposit and itemized statement within 14 days means the landlord forfeits any right to retain any portion of the deposit.
At a glance
- Return deadline
- 14 days after move-out
- Statute
- N.Y. Gen. Oblig. Law § 7-108
- Itemized statement
- Required
- Attorney's fees recoverable
- Not under the deposit statute
- Small claims limit
- $10,000 (Small Claims Court)
- Filing fee
- $15–$20 statewide
The 14-day deadline and itemization rules
Deposit plus an itemized statement of any deductions must be provided within 14 days of vacating.
The landlord must justify each deduction with an itemized statement; lawful deductions are limited to unpaid rent, damage beyond normal wear and tear, unpaid utilities, and moving/storage of the tenant's belongings. The AG advises demanding repair receipts for any damage claim.
Penalties for wrongfully keeping your deposit
A landlord who violates the deposit rules is liable for actual damages; a willful violation additionally carries punitive damages of up to twice the deposit (N.Y. Gen. Oblig. Law § 7-108).
Applies statewide since HSTPA 2019 (rent-stabilized units follow GOL § 7-107 instead). Deposit capped at one month's rent; no last month's rent in advance. The tenant has a right to a pre-move-out inspection (1–2 weeks before the end, 48h notice) with an opportunity to cure — use it. Small claims: $10,000 in NYC Civil Court, $5,000 in City/District Courts, $3,000 in Town and Village Courts. The AG's Bureau of Consumer Frauds also takes rent security complaints and mediates.
Taking your landlord to small claims court
If a demand letter does not resolve the dispute, New York lets you sue in Small Claims Court for up to $10,000. Filing fees typically run $15–$20 statewide, lawyers are optional, and deposit cases are among the most common — and most tenant-friendly — small claims matters.
Frequently asked questions
How long does a New York landlord have to return a security deposit?
14 days after move-out under N.Y. Gen. Oblig. Law § 7-108. Deposit plus an itemized statement of any deductions must be provided within 14 days of vacating.
What happens if the landlord misses the 14-day deadline in New York?
Failure to provide the deposit and itemized statement within 14 days means the landlord forfeits any right to retain any portion of the deposit.
What penalties does New York law impose for wrongfully keeping a deposit?
A landlord who violates the deposit rules is liable for actual damages; a willful violation additionally carries punitive damages of up to twice the deposit (N.Y. Gen. Oblig. Law § 7-108).
Can I sue my landlord in small claims court in New York?
Yes — Small Claims Court handles deposit disputes up to $10,000. Typical filing fees run $15–$20 statewide, and most cases are decided without a lawyer.
Can my landlord deduct for normal wear and tear in New York?
No. Like every state, New York does not allow deductions for ordinary wear and tear — only for damage beyond normal use, unpaid rent, or other charges the statute allows. Applies statewide since HSTPA 2019 (rent-stabilized units follow GOL § 7-107 instead). Deposit capped at one month's rent; no last month's rent in advance. The tenant has a right to a pre-move-out inspection (1–2 weeks before the end, 48h notice) with an opportunity to cure — use it. Small claims: $10,000 in NYC Civil Court, $5,000 in City/District Courts, $3,000 in Town and Village Courts. The AG's Bureau of Consumer Frauds also takes rent security complaints and mediates.
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