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New York Security Deposit Limits
Maximum deposit: 1 month's rent (since June 2019 Housing Stability and Tenant Protection Act).
Statute: N.Y. Gen. Oblig. Law § 7-108
Full text: Read the law
Return Deadline & Requirements
Landlord must return the deposit or provide an itemized statement of deductions within 14 days after the tenant moves out.
Itemized Statement Required: Landlord must provide an itemized statement indicating the basis for any amount retained. If no statement is provided within 14 days, landlord must return the full deposit.
Move-Out Inspection
No statutory right to a pre-move-out inspection in most of NY. Some local laws may differ.
Allowed & Prohibited Deductions
What Landlords CAN Deduct
- Unpaid rent
- Damages beyond reasonable wear and tear
- Costs agreed to in the lease for specific repairs
What Landlords CANNOT Deduct
- Normal wear and tear
- Painting or cleaning for normal turnover
- Any deduction without an itemized statement
Penalties for Violations
Landlord Penalties: Tenant can sue for the deposit amount plus potential damages. If landlord fails to provide itemized statement within 14 days, they forfeit the right to retain any portion.
Where to file: Small Claims Court (up to $10,000 in NYC; $5,000 elsewhere)
Interest Requirements
Required for buildings with 6+ units. Landlord must put deposit in an interest-bearing account and notify tenant of the bank name and address. Landlord may retain 1% annual administrative fee.
How to Get Your New York Security Deposit Back
If your landlord is withholding your deposit wrongfully, here's what to do:
- Document everything at move-out — Take photos and video of the unit's condition. Do a walkthrough if your state allows it.
- Provide your forwarding address in writing — Many states don't start the return clock until you provide this.
- Wait for the deadline to pass — Give your landlord the full 14 days required by law.
- Send a demand letter — If the deadline passes without your deposit, send a formal demand letter citing N.Y. Gen. Oblig. Law § 7-108.
- File in court — If the demand letter doesn't work, file in Small Claims Court (up to $10,000 in NYC; $5,000 elsewhere). You may recover additional penalties.
Get Your Security Deposit Back
Create a free demand letter for your New York security deposit dispute. Cites NY law automatically.
Create Free Demand LetterFrequently Asked Questions
How long does a New York landlord have to return a security deposit?
14 days. This is one of the shortest deadlines in the country. If the landlord doesn't return the deposit or provide an itemized statement within 14 days, they forfeit the right to keep any of it.
What is the maximum security deposit in New York?
1 month's rent. The 2019 Housing Stability and Tenant Protection Act eliminated the previous practice of charging 'last month's rent' in addition to a security deposit.
Does my New York landlord have to pay interest on my deposit?
Yes, if the building has 6 or more units. The deposit must be held in an interest-bearing account, and the landlord must notify you of the bank name and address. The landlord may keep 1% annually as an administrative fee.
Can my New York landlord deduct for painting?
Generally no. Normal wear and tear — including reasonable scuff marks and faded paint — is not a valid deduction. Landlords can only deduct for damage beyond normal use.
More Resources: All State Guides | Security Deposit Demand Letter Guide | Demand Letter Templates