New York Security Deposit Demand Letter
Direct answer
In New York, the landlord must return the deposit within 14 days. The deadline is measured from this trigger: Tenant vacates the premises (move-out). The verified state formula is Missing the 14-day deadline forfeits any right to retain any portion of the deposit; willful violation exposes the landlord to punitive damages of up to 2x the deposit under N.Y. Gen. Oblig. Law §7-108 (as amended by HSTPA 2019).
Key facts
| Deadline | 14 days |
|---|---|
| Deadline trigger | tenant vacates the premises (move-out) |
| Penalty formula | Missing the 14-day deadline forfeits any right to retain any portion of the deposit; willful violation exposes the landlord to punitive damages of up to 2x the deposit |
| Bad faith required | Yes |
| Itemization required | Yes |
| Interest on deposit | Conditional: Buildings of 6 or more units must hold deposits in an interest-bearing NY account and the interest belongs to the tenant (GOL §7-103). |
| Maximum deposit | One month's rent (HSTPA 2019) |
| Forwarding address required | No |
| Small claims limit | $10,000 (New York City courts) in NYC Civil Court, Small Claims Part (outside NYC: City/Town/Village Justice Courts with lower limits) |
| Statute citation | N.Y. Gen. Oblig. Law §7-108 (as amended by HSTPA 2019) |
Statute says
Within fourteen days after the tenant has vacated the premises, the landlord shall provide the tenant with an itemized statement indicating the basis for the amount of the deposit retained, if any, and shall return any remaining portion of the deposit to the tenant. If a landlord fails to provide the tenant with the statement and deposit within fourteen days, the landlord shall forfeit any right to retain any portion of the deposit. ... Any person who violates the provisions of this subdivision shall be liable for actual damages, provided a person found to have willfully violated this subdivision shall be liable for punitive damages of up to twice the amount of the deposit or advance.
What this means
Read the deadline, trigger, and penalty together before sending a letter. Match the dates in your documents to the trigger listed above, then cite N.Y. Gen. Oblig. Law §7-108 (as amended by HSTPA 2019) and request the deposit amount supported by your records.
Worked example
Use your actual deposit amount when you write the letter. For context, median rent in New York is $1,634 according to U.S. Census Bureau, American Community Survey 2024 1-Year Estimates, Table B25064 (Median Gross Rent) data as of .
- New York-Newark-Jersey City, NY-NJ Metro Area: $1,851
- Albany-Schenectady-Troy, NY Metro Area: $1,341
- Rochester, NY Metro Area: $1,172
- Buffalo-Cheektowaga, NY Metro Area: $1,114
- Syracuse, NY Metro Area: $1,114
Example demand basis: a deposit equal to the state median rent starts at $1,634 before applying the state formula: Missing the 14-day deadline forfeits any right to retain any portion of the deposit; willful violation exposes the landlord to punitive damages of up to 2x the deposit.
County small claims courts
| County | Court and city | Limit | Filing fee | E-filing | Court link |
|---|---|---|---|---|---|
| Kings County (Brooklyn) | Civil Court of the City of New York, Kings County - Small Claims Part, Brooklyn | $10,000 | $15 (claims up to $1,000); $20 (claims $1,000.01-$10,000) | No | Court site |
| Queens County | Civil Court of the City of New York, Queens County - Small Claims Part, Jamaica | $10,000 | $15 (claims up to $1,000); $20 (claims $1,000.01-$10,000) | No | Court site |
| New York County (Manhattan) | Civil Court of the City of New York, New York County - Small Claims Part, New York (Manhattan) | $10,000 | $15 (claims up to $1,000); $20 (claims $1,000.01-$10,000) | No | Court site |
| Suffolk County | Suffolk County District Court - Small Claims Part (10th Judicial District), Various district court locations in western Suffolk (e.g. Central Islip, Huntington, Babylon) | $5,000 | $15 (claims up to $1,000); $20 (claims over $1,000, verify current schedule on court site) | Not verified | Court site |
| Nassau County | Nassau County District Court - Small Claims Part (10th Judicial District), Hempstead | $5,000 | $15 (claims up to $1,000); $20 (claims over $1,000, verify current schedule on court site) | Not verified | Court site |
| Bronx County | Civil Court of the City of New York, Bronx County - Small Claims Part, Bronx | $10,000 | $15 (claims up to $1,000); $20 (claims $1,000.01-$10,000) | No | Court site |
| Westchester County | White Plains City Court - Small Claims Part (no single county-wide court; case is filed in the City/Town/Village Court where the landlord resides or does business, e.g. White Plains, Yonkers, New Rochelle), White Plains | $5,000 | Not confirmed on official page for this session; statewide statutory schedule is typically $15/$20 - verify with clerk | Not verified | Court site |
| Erie County | Buffalo City Court - Small Claims & Commercial Claims Part, Buffalo | $5,000 | $15.00 (claims $1,000 or less); $20.00 (claims $1,001-$5,000) | Yes | Court site |
| Monroe County | Rochester City Court - Small Claims Part, Rochester | $10,000 | Not confirmed in this session; see nycourts.gov 7th JD filing fees page (https://ww2.nycourts.gov/courts/7jd/courts/city/filing_fees.shtml) | Not verified | Court site |
| Richmond County (Staten Island) | Civil Court of the City of New York, Richmond County - Small Claims Part, Staten Island | $10,000 | $15 (claims up to $1,000); $20 (claims $1,000.01-$10,000) | No | Court site |
| Orange County | No single county court; tenant files in the City Court (Newburgh, Middletown, or Port Jervis) or the Town/Village Justice Court where the landlord resides/does business, Newburgh / Middletown / Port Jervis (city courts) or local Town/Village court | $10,000 (New York City courts) | Not confirmed this session - could not verify current fee schedule for a specific Orange County court | Not verified | Court site |
| Rockland County | No county-wide small claims court; filed in the Town or Village Justice Court where the rental property/landlord is located (e.g. Clarkstown Justice Court, Ramapo Justice Court), New City (county seat) - actual venue is the local Town/Village Justice Court | $10,000 (New York City courts) | Sources conflict ($3,000 town/village monetary cap cited by one source vs statewide $15/$20 statutory small-claims fee cited elsewhere) - not verified from an official fee schedule this session | Not verified | Court site |
Free New York template, built from verified state data
I am requesting the return of my security deposit. The verified New York data for this page lists a 14 days return window and cites N.Y. Gen. Oblig. Law §7-108 (as amended by HSTPA 2019).
Before you send
- Collect your lease, deposit receipt, and move-in records.
- Save photos, videos, and messages about move-out condition.
- Write down the move-out date you can prove.
- Confirm the forwarding address you gave the landlord.
- Send by certified mail when appropriate, and keep a copy of the final letter and delivery proof.
When this letter will NOT work
- The dispute is not about return of a security deposit.
- You need urgent court relief instead of a demand letter.
- You cannot identify the landlord or property manager to contact.
- Your documents point to a different state or a different kind of claim.
Typical mistakes
- Sending a letter before organizing the documents that prove the timeline.
- Demanding an amount that does not match the payment records.
- Leaving out the forwarding address or preferred response method.
- Mixing repair complaints into a deposit letter without separating the issues.
FAQ
Does New York City have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable New York law and local rules.
Does Buffalo have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable New York law and local rules.
Does Yonkers have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable New York law and local rules.
Does Rochester have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable New York law and local rules.
Can I use this if I do not know the exact deposit amount?
Use the amount shown in your lease, receipt, or move-in records. If records conflict, keep copies and avoid guessing in the letter.
Should I send evidence with the first letter?
Attach copies when they prove the basic facts, such as payment, move-out condition, forwarding address, or prior messages.
Can this page replace legal advice?
No. This page is self-help information for organizing a demand letter and checking the cited data before you act.
City data on this page currently includes New York City, Buffalo, Yonkers, Rochester, Syracuse, Albany, New Rochelle, Mount Vernon, Schenectady, Utica, White Plains, Hempstead (village), Troy, Niagara Falls, Binghamton.
Tenant resources
- Legal Services NYClegal aid in New York City, 917-661-4500
- The Legal Aid Society (Housing Problems)legal aid in New York City, 212-426-3000
- LawHelpNY - Housinglegal aid
- Met Council on Housing (Tenants' Rights Hotline)tenant union in New York City, 212-979-0611
- NY Attorney General - Consumer Frauds & Protection Bureauag consumer, 1-800-771-7755