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New York security deposit: 14 days to get it back

Within 14 days after the tenant has vacated, the landlord must give the tenant an itemized statement of any amount kept and return the rest of the deposit. The full deposit is refundable except for lawful, itemized deductions.

What the law requires

Itemized statement: The landlord must give an itemized statement. Allowed deductions are unpaid rent, tenant-caused damage beyond normal wear and tear, unpaid utilities, and moving or storage costs. In a dispute the landlord must prove the amount kept was reasonable. A tenant may request a pre-move-out inspection and a chance to fix problems first.
If the landlord breaks the rules: A landlord who misses the 14-day deadline forfeits any right to keep any part of the deposit. For a willful violation the tenant may recover punitive damages of up to twice the deposit, in addition to actual damages.
Loss of the right to deduct: Yes. If the landlord does not provide the itemized statement and return any balance within 14 days after the tenant vacates, the landlord forfeits any right to retain any portion of the deposit.
Deposit cap: No deposit or advance may exceed one month's rent. Limited exceptions apply to registered seasonal-use dwellings and certain owner-occupied co-op apartments.
Small claims limit: $10,000 in Small Claims Part, New York City Civil Court (elsewhere: City Courts and Nassau/Suffolk $5,000; Town and Village Justice Courts $3,000)
Statute: N.Y. Gen. Oblig. Law §§ 7-103, 7-108 (non-rent-stabilized units); § 7-107 (rent-stabilized units, as amended by L.2025, ch. 436)

Recent changes

L.2025, ch. 436 (S952-B), signed Oct. 16, 2025, effective the 30th day after enactment (about Nov. 15, 2025) for leases and renewals entered on or after that date: extends the 14-day return/itemization, forfeiture and punitive-damages rules to rent-stabilized units by amending GOL § 7-107.

Local rules

Small claims limits vary by court: NYC $10,000; City Courts and Nassau/Suffolk $5,000; Town and Village Justice Courts $3,000. Before the 2025 law, rent-stabilized tenants were outside GOL § 7-108; one source says rent-controlled tenants are now covered too, which was not confirmed.

If your landlord misses the deadline

Write down your dates and gather proof: move-out date, the date you gave your forwarding address, the deposit amount, and anything the landlord sent. Photos and receipts help.
Send a written demand by certified mail, keep the receipt, and cite N.Y. Gen. Oblig. Law § 7-108. Give a date to respond.
If you still aren't paid, file in Small Claims Part, New York City Civil Court (elsewhere: City Courts and Nassau/Suffolk $5,000; Town and Village Justice Courts $3,000). Deposit claims up to $10,000 can be filed there, usually without a lawyer. Check the court's website for current filing fees and forms.

What a New York demand letter looks like

Re: Demand for return of security deposit / Rental address: [Street address, unit, city, state ZIP]

Dear [Landlord name]:

I rented the property above from you under a lease that began on [lease start date]. I paid a security deposit of $[deposit amount] on [date paid]. I moved out and returned possession on [move-out date].

My forwarding address is [forwarding address]. Please send my deposit and any required statement to that address.

[A.] I have not received my deposit or an itemized statement of deductions. Under N.Y. Gen. Oblig. Law § 7-108, a landlord must return a tenant's security deposit, or send an itemized statement of any deductions, within 14 days after the tenant moves out. That deadline passed on [deadline date].

Preview of the first part of letter one. Yellow marks the parts you fill in.

Common questions

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

What happens if a New York landlord keeps the deposit wrongfully?

A landlord who misses the 14-day deadline forfeits any right to keep any part of the deposit. For a willful violation the tenant may recover punitive damages of up to twice the deposit, in addition to actual damages. Yes. If the landlord does not provide the itemized statement and return any balance within 14 days after the tenant vacates, the landlord forfeits any right to retain any portion of the deposit.

Do I have to give my New York landlord a forwarding address?

Our review of New York's statute didn't find a forwarding-address rule that starts the deadline. Give one in writing anyway, so you can prove where to send the deposit.

Where do I sue for my deposit in New York?

Deposit claims up to $10,000 can be filed in Small Claims Part, New York City Civil Court (elsewhere: City Courts and Nassau/Suffolk $5,000; Town and Village Justice Courts $3,000). Check the court's website for current filing fees and forms.

Other states

Rules reviewed October 2026. Laws change, so confirm with the statute before you rely on this page.