New York Security Deposit: Your Deadline and Next Step
In New York, the landlord must return the deposit within 14 days. The clock starts after you move out; the landlord must return the deposit or send an itemized list (N.Y. Gen. Oblig. Law §7-108). Most states allow 30 days; New York is shorter.
Last checked 2026-07-06
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Details of the return rules
| When it applies | Deadline | Starts from |
|---|---|---|
| Deposit return | 14 days | tenant vacates the premises (move-out) |
New York return rule: 14 days. Check the dates you entered above.
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) |
The landlord says you owe more than the deposit. What now?
Answer the landlord in writing and identify each disputed charge. Choose the "My landlord says I owe more" tab above. Ask for an itemized explanation and keep your response in writing.
A debt collector's notice and a credit report dispute have separate federal rules. Check whether those situations apply to you:
A debt collector's validation notice must state that the debt is assumed valid unless you dispute it within 30 days after receiving the notice. 15 U.S.C. § 1692g(a)(3): unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector
If you dispute the debt in writing within that 30-day period, the collector must stop collecting the disputed part until it mails you verification. 15 U.S.C. § 1692g(b): If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt
If a disputed debt appears on your credit report, you can dispute it with the credit reporting agency, which must reinvestigate free of charge. 15 U.S.C. § 1681i(a)(1)(A): if the completeness or accuracy of any item of information contained in a consumer's file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation
What can a landlord deduct in New York?
New York law names a specific rule for 4 of 6 common charges (cleaning, carpet replacement, painting and unpaid rent and fees). For the others, the general wear-and-tear rule applies.
| Charge | Can the landlord deduct it? | Rule | Citation |
|---|---|---|---|
| Cleaning | Only if this condition is met: The landlord may not retain any amount of the deposit for costs relating to ordinary wear and tear of occupancy or damage caused by a prior tenant. | The deposit is refundable except for reasonable and itemized costs due to non-payment of rent, damage caused by the tenant beyond normal wear and tear,… | N.Y. Gen. Oblig. Law § 7-108(1-a)(b) |
| Carpet replacement | Only if the conditions in the cited rule are met | Deductible only as reasonable, itemized cost of damage caused by the tenant beyond normal wear and tear. No statutory useful-life or depreciation schedule. | N.Y. Gen. Oblig. Law § 7-108(1-a)(b) |
| Painting | Only if the conditions in the cited rule are met | Not an independent statutory category. Ordinary wear and tear of occupancy may not be deducted; painting is deductible only as reasonable cost of tenant-caused damage… | N.Y. Gen. Oblig. Law § 7-108(1-a)(b) |
| Nail holes and wall damage | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | N.Y. Gen. Oblig. Law § 7-108(1-a)(b) |
| Pet damage | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | N.Y. Gen. Oblig. Law §7-108 (as amended by HSTPA 2019) |
| Unpaid rent and fees | Yes | The deposit may be lawfully retained for the reasonable and itemized costs due to non-payment of rent and non-payment of utility charges payable directly to… | N.Y. Gen. Oblig. Law § 7-108(1-a)(b) |
I never did a move-in inspection. How do I prove the condition?
Collect move-out photos, messages, witnesses, and repair invoices. Put them in date order before responding.
Where do you file if the letter does not work?
Small claims limits in New York depend on the court and the claim: $10,000 (New York City courts only). The listed limit applies to New York City courts; limits differ elsewhere in the state. Check the court and fees.
The state record lists a 6-year period to sue. Check when your claim accrued before counting from it.
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 | Statewide filing fee: $15 (claims up to $1,000); $20 (claims $1,000.01-$10,000) | No | Official court website Court page check not recorded |
| Queens County | Civil Court of the City of New York, Queens County - Small Claims Part, Jamaica | $10,000 | Statewide filing fee: $15 (claims up to $1,000); $20 (claims $1,000.01-$10,000) | No | Official court website Court page check not recorded |
| New York County (Manhattan) | Civil Court of the City of New York, New York County - Small Claims Part, New York (Manhattan) | $10,000 | Statewide filing fee: $15 (claims up to $1,000); $20 (claims $1,000.01-$10,000) | No | Official court website Court page check not recorded |
See all 65 county small claims courts and filing fees
New York security deposit interest rules and calculator
What happens if the landlord misses the deadline?
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 Keep statutory damages separate from the deposit and other actual damages.
New York is one of 36 states where the law sets a multiple of the deposit.
How does New York's deadline compare with other states?
New York's return deadline is 14 days. The middle of the comparable state deadlines is ≈30 days. Use the dates and questions above to see which deadline applies to you.
| State | Return rule |
|---|---|
| New York | 14 days |
| Alaska | 14 days |
| Arizona | 14 days |
| Hawaii | 14 days |
| Kansas | 14 days |
| Nebraska | 14 days |
See all 51 jurisdictions
| State | Return rule |
|---|---|
| Montana | 10 days |
| Alaska | 14 days |
| Arizona | 14 days |
| Hawaii | 14 days |
| Kansas | 14 days |
| Nebraska | 14 days |
| New York | 14 days |
| Vermont | 14 days |
| Florida | 15 days |
| Delaware | 20 days |
| Rhode Island | 20 days |
| California | 21 days |
| Connecticut | 21 days |
| Idaho | 21 days |
| Minnesota | 21 days |
| South Dakota | 21 days |
| Wisconsin | 21 days |
| Colorado | 30 days |
| Georgia | 30 days |
| Iowa | 30 days |
| Louisiana | 30 days |
| Maine | 30 days |
| Massachusetts | 30 days |
| Michigan | 30 days |
| Missouri | 30 days |
| Nevada | 30 days |
| New Hampshire | 30 days |
| New Jersey | 30 days |
| New Mexico | 30 days |
| North Carolina | 30 days |
| North Dakota | 30 days |
| Ohio | 30 days |
| Pennsylvania | 30 days |
| South Carolina | 30 days |
| Texas | 30 days |
| Utah | 30 days |
| Washington | 30 days |
| Wyoming | 30 days |
| Oregon | 31 days |
| District of Columbia | 45 days |
| Illinois | 45 days |
| Indiana | 45 days |
| Maryland | 45 days |
| Mississippi | 45 days |
| Oklahoma | 45 days |
| Virginia | 45 days |
| Alabama | 60 days |
| Arkansas | 60 days |
| West Virginia | 60 days |
| Kentucky | No fixed return deadline |
| Tennessee | No fixed return deadline |
Source: state statute records · checked 2026-07-06 · n=48 fixed rules among 51 jurisdictions · method: first listed return deadline; calendar months plotted as ≈30 days · computed, not measured · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6
FAQ
How do I confirm the New York deadline?
Use the questions above to match your dates to N.Y. Gen. Oblig. Law §7-108 (as amended by HSTPA 2019), and keep proof of each date.
What is the small claims limit in New York?
See the applicable court limits and jurisdictions in the state court guide. New York court guide
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
What's next?
What to do if there is no response · How to send your letter · How to write a demand letter
Statute text, sources and changes
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
Sources
- https://www.nysenate.gov/legislation/laws/GOB/7-108 · accessed 2026-07-06
- https://ag.ny.gov/publications/tenants-rights-guide · accessed 2026-07-06
Changes
- : Record verified against the cited statute.
Verified 2026-07-06 · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6