New York security deposit law
Plain-English summary, citations, and what to do if your landlord violates it. Last updated 2026-04-26.
| Deposit cap | 1 month's rent (GOL §7-108(1-a)(b)) |
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| Return deadline | 14 days from move-out |
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| Itemization required | YES — Must accompany returned deposit (or any portion withheld) with an itemized statement of deductions. |
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| Wear-and-tear excluded | YES |
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| Double damages available | YES |
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| Statute | NY General Obligations Law §7-108 |
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| Small claims cap | $5,000 (NYC: $10,000) |
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| Exemptions | Owner-occupied buildings of 2 units or fewer. |
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| Notes | Updated by Housing Stability and Tenant Protection Act of 2019. |
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If the landlord violated the law
If your landlord didn't return your deposit within 14 days or didn't itemize deductions, you can demand the deposit back — and in New York, recover up to 2× the deposit in damages.
The exact rule: If landlord violates the 14-day return + itemization rule, tenant entitled to recover full deposit + up to 2× the deposit in additional damages (3× total).
Generate a free demand letter for New York
What to do step by step
- Send a written demand letter, certified mail with return receipt, to the landlord's address on file. State the deposit amount, the move-out date, the days elapsed, and the statute (NY General Obligations Law §7-108).
- Wait 14-30 days for compliance.
- If still no return: file in your local small claims court (cap in New York: $5,000). Filing fees are typically $20-$60.
- Bring: the lease, deposit-paid proof, photos taken at move-out, any communication with the landlord, and a copy of your demand letter (with the certified-mail receipt).
Common landlord excuses (and why they don't hold)
- "It's wear and tear": In New York, ordinary wear and tear is NOT a deductible item. Period.
- "I haven't gotten around to it": The deadline is statutory. 14 days, no extensions.
- "I'm holding it for damage I haven't quantified yet": The law requires an itemized statement. Vague claims = unenforceable retention.
- "You broke the lease": Lease-break damages are a separate claim — they don't entitle the landlord to skip the deposit-return process.
Why this page exists
Most landlord-tenant info pages are written by law firms hoping to upsell representation. This isn't that. It's a public-interest summary based on the actual statute, free to use, no signup. If you find an error, open an issue on GitHub.