New York · Security deposits · Updated Oct 2026

New York security deposit law

How much a landlord in New York can charge, the deadline to return a deposit, what may be deducted, the penalty for keeping it wrongly and how to get yours back.

Short answer

In New York, the deposit limit is: One month's rent. The landlord must return it as follows: Within 14 days after you move out, the landlord must return your deposit or give you an itemized statement of what is kept and return the rest.

deposit limit: 1 month's rent (with exceptions)
to return a deposit: 14 days
deposit penalty: Up to 2× (willful)

Security deposit in New York

Limit: One month's rent. Exceptions: registered seasonal rentals and owner-occupied co-op apartments.
Deadline to return it: Within 14 days after you move out, the landlord must return your deposit or give you an itemized statement of what is kept and return the rest. If the landlord misses the 14 days, the landlord loses the right to keep any part of it. Give the landlord your new address in writing.
Itemized list: Yes, within 14 days after you move out. Deductions must be reasonable and itemized. In a court case, the landlord must prove the amount kept was reasonable. You also have a right to a pre-move-out inspection (see move-in checklist).
What may be deducted: Only reasonable, itemized costs for unpaid rent, damage you caused beyond normal wear and tear, unpaid utility charges payable to the landlord under the lease, and moving and storing your belongings. Never for ordinary wear and tear or damage by a prior tenant.
Interest: Buildings with 6 or more apartments: the deposit must be in an interest-bearing New York bank account. You get the interest, minus a 1% per year administrative fee the landlord may keep; you can choose to have it paid yearly, applied to rent, or paid at the end. Smaller buildings: only if the landlord chooses an interest-bearing account.
Separate account: Yes. The deposit is held in trust and may not be mixed with the landlord's own money. If it is put in a bank, the landlord must tell you in writing the bank's name and address and the amount. GOL 7-103.
Move-in checklist: Yes. Before you move in, the landlord must offer you an inspection; if you ask, you both sign a written list of existing damage, and the landlord can't charge you for anything on it. When either side gives notice to end the tenancy, the landlord must tell you in writing that you can ask for an inspection 1 to 2 weeks before move-out (with 48 hours' notice) and then get a list of proposed deductions you can fix before you leave.
If the landlord keeps it wrongly: Actual damages. If the landlord willfully broke the deposit law, a court can add punitive damages of up to twice the deposit. Missing the 14-day deadline means the landlord forfeits the whole deposit.
Law: General Obligations Law 7-103, 7-108

Get your deposit back, step by step

Before you move out, clean, take dated photos and video of every room, and return all keys.
Give your landlord your new address in writing. In New York: Give the landlord your new address in writing.
Wait for the deadline: Within 14 days after you move out, the landlord must return your deposit or give you an itemized statement of what is kept and return the rest.
If the money or an itemized list doesn't come, or the deductions are wrong, send a demand letter (below). Keep proof of mailing.
If that doesn't work, sue in small claims court. Limit: $10,000 in New York City; $5,000 in City Courts outside NYC and District Courts in Nassau and western Suffolk; $3,000 in Town and Village Courts. Small claims court in New York on Small Claims Map

Deposit return calculator for New York

Find your state's deadline for returning a security deposit, whether your landlord is late and what you may be owed. Nothing you type here is sent anywhere.

Security deposit demand letter for New York

A short, firm and polite letter asking your landlord to return your deposit by a date. It cites your state's deposit law. Many landlords pay at this step, and the letter is proof that you asked. Fill this in, download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail with a return receipt.

Small claims court in New York

Deposit disputes usually go to small claims court, where you don't need a lawyer. Limit: $10,000 in New York City; $5,000 in City Courts outside NYC and District Courts in Nassau and western Suffolk; $3,000 in Town and Village Courts.

How to file in New York

Questions about security deposits in New York

How much can a landlord charge for a security deposit in New York?

One month's rent. Exceptions: registered seasonal rentals and owner-occupied co-op apartments.

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

Within 14 days after you move out, the landlord must return your deposit or give you an itemized statement of what is kept and return the rest. If the landlord misses the 14 days, the landlord loses the right to keep any part of it. Give the landlord your new address in writing.

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

Actual damages. If the landlord willfully broke the deposit law, a court can add punitive damages of up to twice the deposit. Missing the 14-day deadline means the landlord forfeits the whole deposit.

What can a landlord deduct from a security deposit in New York?

Only reasonable, itemized costs for unpaid rent, damage you caused beyond normal wear and tear, unpaid utility charges payable to the landlord under the lease, and moving and storing your belongings. Never for ordinary wear and tear or damage by a prior tenant.

Does a landlord have to pay interest on a security deposit in New York?

Buildings with 6 or more apartments: the deposit must be in an interest-bearing New York bank account. You get the interest, minus a 1% per year administrative fee the landlord may keep; you can choose to have it paid yearly, applied to rent, or paid at the end. Smaller buildings: only if the landlord chooses an interest-bearing account.

What is the small claims limit in New York?

$10,000 in New York City; $5,000 in City Courts outside NYC and District Courts in Nassau and western Suffolk; $3,000 in Town and Village Courts.

More for New York renters

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Sources

Last checked: Oct 2026.