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

New York law gives landlords 14 days to return the deposit or send an itemized list of deductions, under N.Y. Gen. Oblig. Law § 7-108(1-a)(e) (deadline); § 7-108(1-a)(b) (deductions); § 7-108(1-a)(g) (penalty).

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

Under N.Y. Gen. Oblig. Law § 7-108(1-a)(e) (deadline); § 7-108(1-a)(b) (deductions); § 7-108(1-a)(g) (penalty), allowed deductions generally include non-payment of rent and damage caused by the tenant beyond normal wear and tear. Normal wear and tear is not deductible.

New York security deposit law

Security Deposit Laws in New York: What Your Landlord Can and Cannot Keep

Your landlord has 14 days under New York law to return your security deposit, or you may be owed more than what they withheld. If they keep more than they're legally allowed, you can dispute it.

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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. Tell us your move-out date, deposit amount, and landlord's address — two minutes.
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. We mail it to your landlord via USPS Certified Mail with return receipt.
4. You track delivery on your case page, with day-7 and day-14 follow-up.

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New York tenant rights resources

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Key statute: 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 text on 2026-09-04.

Every fact on this page is verified against New York's official statutory text as of 2026-09-04. TenantNex prepares legal correspondence as a document preparation service, not as your attorney. For complex disputes, consult a licensed attorney in New York.

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TenantNex is a document preparation and delivery service, 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.