New York Security Deposit Return Law
In New York, a landlord must return your security deposit within 14 days of you vacate the unit. The landlord must include an itemized written statement of any deductions. 14 days after the tenant vacates. HSTPA 2019; extended to rent-stabilized units effective 11/15/2025 via S952B. The law is Gen. Oblig. Law § 7-108. Last checked against the official statute: 2026-07-31.
What happens if the landlord misses the deadline
Failure forfeits the right to retain any portion of the deposit. Courts generally require you to show the landlord missed the deadline or kept money it was not entitled to, and where the penalty depends on bad faith, that a court finds the landlord acted in bad faith.
What your landlord can and cannot deduct
Landlords can deduct for unpaid rent and for damage beyond normal wear and tear. They cannot charge you for ordinary wear: worn carpet in walkways, small nail holes, faded paint, minor scuffs. The fight in most disputes is over where that line sits, which is why dated photos from move-in and move-out matter more than anything else.
Your deadline countdown
If you moved out on a given date, your landlord's deadline is that date plus 14 days.
If the deadline has passed or your deposit was withheld
- 1. Gather your evidence, ideally dated move-in and move-out photos.
- 2. Send a written demand letter citing Gen. Oblig. Law § 7-108 and the deadline your landlord missed.
- 3. If they don't respond, file in Small Claims Court. The limit there is $10,000 (NYC), which covers most deposit claims.
New York deposit law FAQ
How long does a landlord have to return a security deposit in New York?
14 days from you vacate the unit. 14 days after the tenant vacates. The law is Gen. Oblig. Law § 7-108.
What is the penalty if a New York landlord doesn't return the deposit?
Failure forfeits the right to retain any portion of the deposit. Courts generally require you to show the landlord missed the deadline or kept money it was not entitled to, and where the penalty depends on bad faith, that a court finds the landlord acted in bad faith.
Can my landlord charge me for carpet or painting in New York?
Only for damage beyond normal wear and tear. Ordinary wear like traffic patterns in carpet or faded paint is the landlord's cost of doing business, not yours.
Do I need photos to dispute a deposit deduction in New York?
There is no law requiring photos, but in practice they decide disputes. A dated move-in photo showing the condition you received, next to a dated move-out photo showing how you left it, is the strongest evidence a renter can have.
Where do I sue my landlord for my deposit in New York?
Small Claims Court. Claims up to $10,000 (NYC) can be filed there without a lawyer.
Renting in a nearby state?
Back to Save My Deposit · Start documenting free
This is legal information and document preparation, not legal advice. For advice about your specific situation, consult a licensed attorney in your state.
Last verified against Gen. Oblig. Law § 7-108 on 2026-07-31.