🏠 NEW YORK · SECURITY DEPOSIT LAW
Security deposits in New York
In New York, N.Y. Gen. Oblig. Law §§ 7-108, 7-103 gives your landlord 14 days after the tenancy ends to return your security deposit or send you an itemized statement of what was withheld. The deposit itself is capped at 1 month's rent. Miss that deadline and the consequence is specific: punitive damages of up to twice the deposit for a willful violation.
The New York statute
VERIFIED PRIMARY SOURCE
§ N.Y. Gen. Oblig. Law §§ 7-108, 7-103
No deposit or advance may exceed one month’s rent (§ 7-108(1-a)(a)). Within fourteen days after the tenant vacates, the landlord must provide an itemized statement and return the balance (§ 7-108(1-a)(e)); a willful violation carries punitive damages of up to twice the deposit (§ 7-108(1-a)(g)). The deposit itself must be held in trust separate from the landlord’s assets, in an interest-bearing account for buildings with six or more units (§ 7-103). Verified against primary statute text (nysenate.gov) 2026-07-27.
Read the New York source text →New York deadlines at a glance
| Rule | What New York requires |
|---|---|
| Deadline to return or itemize | 14 days after the tenancy ends |
| Maximum deposit | 1 month's rent |
| If the landlord misses the deadline | Punitive damages of up to twice the deposit for a willful violation |
| Governing statute | N.Y. Gen. Oblig. Law §§ 7-108, 7-103 |
Deposit must be held in trust separate from the landlord’s assets, in an interest-bearing account for buildings of six or more units (§ 7-103). Every figure here was read from the New York statute text, not a secondary summary. Verified against the primary source →
What security deposits law covers in New York
The 14 days clock in New YorkN.Y. Gen. Oblig. Law §§ 7-108, 7-103 sets New York's deadline at 14 days from the end of the tenancy. Deposit must be held in trust separate from the landlord’s assets, in an interest-bearing account for buildings of six or more units (§ 7-103).
New York caps the deposit at 1 month's rentA New York landlord may not demand more than 1 month's rent as a security deposit under N.Y. Gen. Oblig. Law §§ 7-108, 7-103. A deposit collected above the cap is recoverable even if you agreed to it in the lease.
Itemization is the condition of keeping anythingWithholding any part of the deposit in New York requires a written, itemized statement within the 14 days window. A lump-sum "cleaning and repairs" line is the kind of entry that fails the statute — and ordinary wear and tear is not deductible.
What missing the deadline costs in New YorkPunitive damages of up to twice the deposit for a willful violation — that is the remedy N.Y. Gen. Oblig. Law §§ 7-108, 7-103 attaches to a late or missing statement, which is why the date you moved out and the date you gave a forwarding address both matter.
What to do in New York, in order
- Write down the date the tenancy ended and you handed back possession — in New York the 14 days clock runs from that date.
- Document the unit on move-out day: video every room, appliance, and wall, and keep the file timestamped.
- Send your forwarding address in writing and keep proof — several statutes start or extend the clock from it.
- If 14 days pass with no deposit and no itemized statement, send a demand letter citing N.Y. Gen. Oblig. Law §§ 7-108, 7-103 and the penalty it carries.
- If the landlord still doesn't pay, New York small claims court handles deposit cases cheaply — and the statutory penalty (punitive damages of up to twice the deposit for a willful violation) is what you ask the court to award.
Common questions about security deposits in New York
How long does my landlord have to return my security deposit in New York?
N.Y. Gen. Oblig. Law §§ 7-108, 7-103 gives your landlord 14 days after the tenancy ends to return your security deposit or send you an itemized statement of what was withheld. Deposit must be held in trust separate from the landlord’s assets, in an interest-bearing account for buildings of six or more units (§ 7-103).
What happens if my New York landlord misses the deadline?
Punitive damages of up to twice the deposit for a willful violation. That remedy is written into N.Y. Gen. Oblig. Law §§ 7-108, 7-103 — you generally have to claim it, and small claims court is where deposit cases of this size are decided.
How much can a landlord charge for a security deposit in New York?
New York caps it at 1 month's rent under N.Y. Gen. Oblig. Law §§ 7-108, 7-103. A lease term purporting to charge more does not make the excess lawful.
Can my New York landlord keep the deposit for cleaning?
Only to return the unit to its move-in cleanliness, and any deduction must appear in the itemized statement due within 14 days. Routine turnover cleaning and ordinary wear — faded paint, traffic-worn carpet — are generally the landlord's cost, not yours.
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Run the Lease Analyzer — free →This page is general legal information, not legal advice, and doesn’t create an attorney-client relationship. Statutes change and have exceptions; the linked primary source controls. For advice on your situation, consult a licensed attorney in your state.