Security deposit law · New York

New York Security Deposit Law: How to Get Your Deposit Back

If you rent in New York, the law gives you specific rights when you move out — a deadline for your landlord to return your deposit, rules on deductions, and a path to push back if they don't. Here's exactly how it works, and how to protect yourself.

Return deadline14 days
Governing statuteN.Y. Gen. Oblig. Law § 7-108
Deposit limit1 month of rent
Itemized deductionsRequired
Interest on depositNot required by statute
Last reviewedMay 2026

New York-specific rules to know

1-month deposit cap (HSTPA, 2019); interest on the deposit only for buildings with 6+ units. Tenant may request a walk-through inspection before move-out.

What New York law requires your landlord to do

Under N.Y. Gen. Oblig. Law § 7-108, a New York landlord generally must return your deposit within 14 days and provide a written, itemized list of any amounts withheld. They may not deduct for ordinary wear and tear — only for damage beyond normal use, unpaid rent, or other charges the lease and statute allow.

What to do if your landlord won't return your deposit in New York

  1. 1. Know your deadline

    In New York, the return window is 14 days (N.Y. Gen. Oblig. Law § 7-108). Mark the date you moved out and count forward.

  2. 2. Send a written demand

    Email and mail a dated letter requesting your full deposit, referencing the 14-day deadline under N.Y. Gen. Oblig. Law § 7-108. Keep proof of delivery. Renter's Vault generates a New York-specific letter with the right statute citation filled in.

  3. 3. Gather your evidence

    Move-in and move-out photos with timestamps and location are the difference between your word and theirs. Attach your photo record and any move-in checklist.

  4. 4. Escalate to small claims

    If the landlord misses the deadline or won't respond, you can file in small claims court. Bring your dated demand letter and photo evidence.

Free New York dispute-letter guide

A clear, statute-cited demand letter resolves most deposit disputes without ever going to court. Renter's Vault builds a New York letter for you — pre-filled with N.Y. Gen. Oblig. Law § 7-108, your deadline, and your deductions — in three escalating versions (first request, formal demand, and notice of intent to file).

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Document your rental the day you move in — timestamped, GPS-tagged, hash-verified photos stored in your own Google Drive. The strongest deposit defense is evidence you captured before anything went wrong.

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New York security deposit FAQ

How long does a landlord have to return a security deposit in New York?

Under N.Y. Gen. Oblig. Law § 7-108, a New York landlord must return your security deposit within 14 days after you move out, along with an itemized statement of any deductions.

What can I do if my landlord won't return my deposit in New York?

Send a written demand letter that cites N.Y. Gen. Oblig. Law § 7-108 and the deadline, keep copies of all communication and your move-in/move-out photos, and if that fails you can file in small claims court. Many states allow extra damages when a landlord withholds a deposit in bad faith.

Is there a limit on how much a landlord can charge for a deposit in New York?

In New York, the statutory deposit limit is: 1 month of rent. Always confirm against the current statute, since limits and exceptions change.

Are there any special deposit rules in New York?

Yes. Notable New York rules: 1-month deposit cap (HSTPA, 2019); interest on the deposit only for buildings with 6+ units. Tenant may request a walk-through inspection before move-out.

This page is general information for tenants, not legal advice, and laws change. Always confirm the current text of N.Y. Gen. Oblig. Law § 7-108 or consult a local attorney or tenants' rights organization for your situation. Last reviewed May 2026.