New York security deposit law

What your landlord is legally required to do after you move out, how long they have, and what it costs them if they get it wrong.

The deadline

Under N.Y. Gen. Oblig. Law § 7-108, a landlord in New York must return your security deposit — together with any required written itemization of deductions — within 14 days. Once that window closes without payment or a proper itemization, the landlord is in violation of the statute.

The 14-day deadline comes from the Housing Stability and Tenant Protection Act of 2019. The landlord bears the burden of proving any amount retained was reasonable.

What it costs your landlord

Under N.Y. Gen. Oblig. Law § 7-108, a landlord who wrongfully withholds a deposit in New York may be liable for forfeiture of any right to retain any portion of the deposit, plus punitive damages of up to twice the deposit where the violation was willful. That exposure is the reason a formal demand letter works: it is usually cheaper for a landlord to pay you than to argue about it.

What your landlord may deduct in New York

Unpaid rent, damage caused by the tenant beyond ordinary wear and tear, moving and storage of the tenant's belongings, and non-payment of utility charges payable directly to the landlord.

N.Y. Gen. Oblig. Law § 7-108

Ordinary wear and tear

New York excludes ordinary wear and tear and, unusually, damage caused by a prior tenant — so a charge for something you did not do is outside the statute twice over.

“reasonable and ordinary wear and tear”

What a compliant itemization has to contain

An itemized statement describing the basis for any amount retained, provided within 14 days. Before deducting for damage, the landlord must have offered a pre-move-out inspection and given an itemized statement of proposed repairs or cleaning.

Read it yourself: N.Y. Gen. Oblig. Law § 7-108

How to get your deposit back in New York

1. 1. Confirm the deadline has passed. Count from the day you moved out and returned possession. In New York that's 14 days.
2. 2. Put your forwarding address in writing. In several states a landlord has no obligation until they have it, and having sent it protects your claim.
3. 3. Gather your evidence. The lease, proof you paid the deposit, move-in and move-out photos, and any itemization they sent.
4. 4. Send a written demand by certified mail. Cite N.Y. Gen. Oblig. Law § 7-108, state the amount owed, and give a deadline to pay. Certified mail creates the delivery record a judge will want to see.
5. 5. File in small claims if they ignore you. You don't need a lawyer. File in the county where the property is located.

Common questions

How long does a landlord have to return a security deposit in New York?

Under N.Y. Gen. Oblig. Law § 7-108, a New York landlord has 14 days to return the deposit and provide any required written itemization of deductions.

What is the penalty if my landlord keeps my deposit in New York?

Under N.Y. Gen. Oblig. Law § 7-108, a landlord who wrongfully withholds may be liable for forfeiture of any right to retain any portion of the deposit, plus punitive damages of up to twice the deposit where the violation was willful.

Do I have to sue to get my security deposit back?

Often not. A formal written demand sent by certified mail puts your landlord on notice of the statute, the deadline they missed and the penalty attached to it — and gives you a dated record that they received it. Small claims court is the fallback if they ignore it.