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New York security deposit law

Security Deposit Laws in New York

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Step 2 of 3

When did you move out?

This is the one that matters. Your clock starts the day you handed back the keys — not the day your landlord replies.

Statute-verified in 50 U.S. jurisdictions and counting — everywhere else, a specialist prepares your case by hand until verification clears.

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New York security deposit return timeline

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)).

What can a landlord legally deduct in New York?

Allowed

  • ✓Non-payment of rent
  • ✓Damage caused by the tenant beyond normal wear and tear
  • ✓Non-payment of utility charges payable directly to the landlord under the lease or tenancy
  • ✓Moving and storage of the tenant's belongings

Not allowed

  • ✗Costs relating to ordinary wear and tear of occupancy
  • ✗Damage caused by a prior tenant
  • ✗Any condition, defect or damage noted in a signed pre-occupancy inspection agreement under § 7-108(1-a)(c)

What if your landlord keeps your deposit wrongfully in New York?

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)).

How TenantNex helps

  1. 1. Tell us your move-out date, deposit amount, and landlord's address — two minutes.
  2. 2. We generate a demand letter citing N.Y. Gen. Oblig. Law § 7-108(1-a)(e) (deadline); § 7-108(1-a)(b) (deductions); § 7-108(1-a)(g) (penalty) and your exact deadline.
  3. 3. We mail it to your landlord via USPS Certified Mail with return receipt.
  4. 4. You track delivery on your case page, with day-7 and day-14 follow-up.

$39 per case — founding price, one flat fee, no subscription.

New York tenant rights resources

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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Your money is due back

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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Used by renters in 4 states — 13 people in the past two weeks found out exactly what they're owed this way.

We don't stop at mailing it. If your landlord doesn't respond, we follow up at day 7 and day 14 — and help you build the evidence and paperwork for small claims if it comes to that. Real result: we helped Kathleen A. (Ohio) recover her full $3,000 deposit this way.

Pay once. We handle the rest.

One case, one price — the letter, the certified mailing, the tracking, and the follow-up. No subscription, no recurring anything.

You pay onceWe prepare & review your letterUSPS Certified to your landlordYou track it to their door
OptionPriceEffortFollow-up
Do it yourself—All of itYou chase
TenantNex$39Done for youWe chase
Small-claims services$149–448——
Hire an attorney$300–2,000+——

An attorney starts at $300. Filing services charge $149 for the letter alone. We prepare the whole claim for $39.

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Recover

$39
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We run your claim until you are paid — or you are ready to file.

  • Step 1 — certified demand letter citing your state statute, deadline and penalty
  • Mailed USPS Certified with return receipt, tracked to your landlord’s door
  • Step 2 — day-14 notice of intent to file, the one most landlords act on
  • Step 3 — your small-claims packet: the right form for your county, filled in
  • Where to file, what it costs, and how to serve your landlord
  • Evidence checklist, with your certified receipt as Exhibit A
  • Counter-response letter if your landlord disputes or underpays
  • Attorney referral if it is still unresolved after 21 days

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What TenantNex is — and isn't

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.