New York security deposit law
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Deadline to return
14 days
Statute
N.Y. Gen. Oblig. Law § 7-108(1-a)(e) (deadline); § 7-108(1-a)(b) (deductions); § 7-108(1-a)(g) (penalty)
The 14-day rule is CURRENT and unchanged. Within 14 days after the tenant has vacated, the landlord must provide an itemized statement indicating the basis for any amount retained AND return any remaining portion (§ 7-108(1-a)(e)). SCOPE CONDITIONS: § 7-108 applies to dwelling units in residential premises except rent-stabilized units covered by § 7-107; and subdivision 1-a (carrying the 14-day rule and one-month deposit cap) does NOT apply to units subject to the New York City rent and rehabilitation law or the emergency housing rent control law, licensed continuing care retirement communities, licensed assisted living providers, licensed adult care facilities, senior residential communities that have filed an offering plan with the attorney general, or not-for-profit independent retirement communities offering personal emergency response, housekeeping, transportation and meals. Tenants also have a right to a pre-occupancy inspection with a written condition agreement (§ 7-108(1-a)(c)) and to a pre-move-out inspection held between two weeks and one week before the end of the tenancy, after which the landlord must give an itemized statement of proposed deductions and THE TENANT MAY CURE (§ 7-108(1-a)(d)).
Allowed
Not allowed
Two stacked remedies. (1) FORFEITURE: if a landlord fails to provide the statement and deposit within fourteen days, the landlord SHALL FORFEIT any right to retain any portion of the deposit (§ 7-108(1-a)(e)) — missing the deadline alone entitles the tenant to the entire deposit back. (2) DAMAGES: any person who violates the subdivision is liable for actual damages, and a person found to have WILLFULLY violated it is liable for punitive damages of up to TWICE the amount of the deposit or advance (§ 7-108(1-a)(g)). The LANDLORD bears the burden of proof as to the reasonableness of any amount retained (§ 7-108(1-a)(f)).
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Every fact on this page is verified against New York's official statutory text as of 2026-09-04. TenantNex is not a law firm and this is not legal advice. For complex disputes, consult a licensed attorney in New York.
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14 days
New York law sets this deadline — your landlord must return your deposit or itemize deductions by then.
If they wrongfully withhold
up to 2× your deposit
Add your deposit amount above for the exact figure.
N.Y. Gen. Oblig. Law § 7-108(1-a)(e) (deadline); § 7-108(1-a)(b) (deductions); § 7-108(1-a)(g) (penalty) — verified against the official statute 2026-09-04
Your 14 days started the day you moved out — that clock is running right now whether or not your landlord acts, and the 2× penalty only exists if you demanded it in writing before it closed.
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| Option | Price | Effort | Follow-up |
|---|---|---|---|
| Do it yourself | — | All of it | You chase |
| TenantNex | $39 | Done for you | We chase |
| Small-claims services | $149–448 | — | — |
| Hire an attorney | $300–2,000+ | — | — |
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TenantNex is not a law firm. We prepare and send correspondence using publicly available state statutes. We do not provide legal advice, legal representation, or guarantee any outcome. For complex legal matters, consult a licensed attorney in your state.