Demand Letter Lab

New York Small Claims for a Security Deposit: Where to File, What It Costs, Does It Fit

In New York, a security deposit claim is heard by the court named in the facts table; the court for your county is listed below. The comparable deposit claim limit varies by court. No comparable fee amount in our county data; see the official fee schedule. Pick your county, calculate your deadline, then send a dated letter.

State law last checked .

Filing facts

CourtNYC Civil Court, Small Claims Part (outside NYC: City/Town/Village Justice Courts with lower limits) · Court source
Listed limits and jurisdictions$10,000 (New York City courts only)
Comparable deposit claim limitThe listed limit applies to New York City courts; limits differ elsewhere in the state.
Time limit to sue, from state data6 years; check when the claim accrued before counting from it.
Listed county filing feesNo comparable fee amount in our county data; see the official fee schedule.
E-filing1 yes, 2 no, 59 unverified among 62 listed counties
State deposit return deadline
  • 14 days after tenant vacates the premises (move-out).
Deposit statuteN.Y. Gen. Oblig. Law §7-108 (as amended by HSTPA 2019)

Some counties have more than one small claims court, and venue rules differ by state; check which court hears your claim on the court's official page or with the clerk.

Which county is the rental in?

Does your claim fit the limit?

No comparable statewide deposit claim limit is available: The listed limit applies to New York City courts; limits differ elsewhere in the state. Choose your county and confirm the applicable court limit.

From a letter to court

  1. Calculate the return date and send a letter using your own move-out date, deposit and state conditions.
  2. Keep the letter, delivery proof, lease, payment records and photos.
  3. Use your county guide and court's official instructions to check the filing location and fee.

Calculate your deadline and next letter

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Details of the return rules
New York statutory deadlines
When it appliesDeadlineStarts from
Deposit return14 daystenant vacates the premises (move-out)

New York return rule: 14 days. Check the dates you entered above.

Free New York template, built from verified state data

Methodology: every statute verified against primary sources. See how verification works.

I rented [rental property address] from [lease start date] to [move-out date]. I paid a security deposit of $[amount]. I returned the keys on [date] and gave you my forwarding address in writing on [date]. Under New York law (N.Y. Gen. Oblig. Law §7-108), a landlord must return the deposit or send a written, itemized list of deductions within 14 days after tenant vacates the premises (move-out).

Free dated DOCX by email. Print-ready state PDF kit: $29. Letter preparation and mailing: $49.

How to file

Forms: Court forms and filing information

File online: No

Statewide filing fee: NYC Civil / District / City Court small claims: Claims of $1000 or less $15; claims of more than $1000 $20. Town/village justice courts: $10 / $15. (NYC Civil Court Act / UDCA / UCCA / UJCA § 1803(a).)

How papers are served:

  • certified mail by clerk

Attorneys allowed: Yes

Small claims shall be commenced upon the payment by the claimant of a filing fee of fifteen dollars for claims in the amount of one thousand dollars or less and twenty dollars for claims in the amount of more than one thousand dollars

Official source · Accessed

Who do you name in the claim?

Compare the name on the lease and deposit receipt with the property record and the New York Department of State, Division of Corporations. A registered agent receives papers for a company; it is not the defendant. Confirm the defendant with the court or legal aid.

What to bring to the clerk

  • Lease and deposit receipt or payment record.
  • Demand letter and proof of delivery.
  • Move-out photos, inventory and any itemized deductions.
  • Your calculation and the cited deposit statute.

What you can recover

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.

This is class P1, found in 36 of 51 jurisdictions. Computed from cited state records, not measured outcomes.

Statute says

(e) 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. ... (g) 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.

N.Y. Gen. Oblig. Law §7-108 (as amended by HSTPA 2019)

What this means

Tenant resources

FAQ

Which court handles a security deposit claim in New York?

NYC Civil Court, Small Claims Part (outside NYC: City/Town/Village Justice Courts with lower limits). Some counties have more than one small claims court, and venue rules differ by state; check which court hears your claim on the court's official page or with the clerk.

What is the deposit claim limit in New York?

The listed limit applies to New York City courts; limits differ elsewhere in the state.

What is the return deadline in New York?

14 days

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