Renting & housing · Situation
Landlord didn't return your security deposit in New York: the 14-day rule and what to do
Updated By The editorial teamNot reviewed by an attorney — based on the official sources below
In short
In New York, within 14 days after you move out, your landlord must either return your whole security deposit or give you an itemized statement explaining what was kept and why, and return the rest. A landlord who misses the 14 days loses the right to keep any part of the deposit. Deductions are allowed only for unpaid rent, damage beyond normal wear and tear, unpaid utilities owed to the landlord under the lease, and moving and storing belongings you left behind. If it isn't returned, send a written demand and, if needed, file in small claims court.
Read on for the details, the exceptions and the sources.
In plain words
- Security deposit
- Money you paid at the start of the lease to cover unpaid rent or damage. It stays your money; the landlord holds it.
- Itemized statement
- A written list of each deduction with its reason and cost — not a single total.
- Normal wear and tear
- The ordinary aging of an apartment from living in it: faded paint, small scuffs, worn carpet. A landlord can't charge you for it.
- Forfeit
- Lose a right. A landlord who misses the 14-day deadline loses the right to keep any of the deposit.
What the law says, briefly
New York's General Obligations Law § 7-108 covers deposits for most residential apartments, and § 7-107 applies the same rules to rent-stabilized apartments. A deposit can't be more than one month's rent (§ 7-108(1-a)(a)). When you move out, the whole deposit must be returned except amounts lawfully kept for the reasonable, itemized cost of unpaid rent, damage you caused beyond normal wear and tear, unpaid utility charges owed to the landlord under the lease, and moving and storing belongings you left (§ 7-108(1-a)(b)). The landlord can't keep money for ordinary wear and tear or for damage caused by a previous tenant.
Within 14 days after you move out, the landlord must give you an itemized statement of what was kept and return the rest. A landlord who misses the 14 days forfeits any right to keep any part of the deposit (§ 7-108(1-a)(e)). If you go to court, the landlord has to prove that the amount kept was reasonable (§ 7-108(1-a)(f)), and a landlord who willfully breaks these rules can be ordered to pay up to twice the deposit on top of your actual damages (§ 7-108(1-a)(g)).
What to check in your lease, contract or papers
- How much you paid as a deposit and when — your lease, a receipt or a bank record.
- The date you returned the keys and moved out: the 14 days run from when you vacated.
- Whether you asked for a move-out inspection; the landlord must tell you in writing that you can request one (§ 7-108(1-a)(d)).
- Any move-in condition agreement: damage noted there can't be deducted later (§ 7-108(1-a)(c)).
- Whether your apartment is rent-stabilized: the same rules — one month's rent at most, an itemized statement within 14 days — apply under General Obligations Law § 7-107. Rent-controlled apartments are outside these rules; check with NYS Homes and Community Renewal.
What to document
- Photos and video of every room on move-out day, with the date.
- The date and way you returned the keys (a text or e-mail to the landlord is enough).
- Your forwarding address, sent in writing.
- Every message from the landlord about the deposit or deductions.
- Receipts for cleaning or repairs you did before leaving.
What to do, step by step
Give your forwarding address in writing
Send it by e-mail or text on the day you move out, so the landlord can't say they didn't know where to send the money or the statement.
Count 14 days from move-out
If nothing arrives, or only a total with no itemized list, the landlord has likely missed the deadline in § 7-108(1-a)(e).
Send a written demand
Ask for the full deposit by a specific date (for example, 10 days). Cite General Obligations Law § 7-108, the date you moved out and that no itemized statement arrived in 14 days. Keep a copy and proof of sending.
Challenge deductions you disagree with
Wear and tear can't be charged. Ask for receipts or invoices for each deduction; the landlord bears the burden of proving the amount was reasonable.
File in small claims court
If the deposit isn't returned, small claims court is designed for this: no lawyer needed, a low filing fee, and up to $10,000 in New York City ($5,000 in city and district courts, $3,000 in town and village courts).
What not to do
- Don't skip the last month's rent to 'use up' the deposit. The deposit isn't rent, and unpaid rent can lead to a lawsuit or a bad reference.
- Don't leave belongings behind — the landlord may deduct the cost of moving and storing them.
- Don't rely on phone calls only; keep everything in writing.
- Don't wait too long: small claims and other time limits apply.
When to send a demand letter
Send it as soon as the 14 days have passed without the full deposit or a proper itemized statement — or as soon as you receive a statement with deductions you dispute. A clear letter that cites § 7-108 and sets a date often resolves the matter without court, and it is useful evidence if you do file.
When to go to court
If the date in your letter passes, you can file in small claims court in the county where the landlord lives, works or has a business (in New York City, the Civil Court's small claims part). You can ask for the deposit, and if you believe the landlord acted willfully, for up to twice the deposit in punitive damages. Bring your lease, proof of payment, photos, and your letter.
What evidence to keep
- The lease and proof of the deposit payment
- Move-in and move-out photos or video
- Any inspection agreement or itemized statement
- Your demand letter and proof it was sent
- All messages with the landlord
Frequently asked questions
The landlord sent a list of deductions after 3 weeks. Can they still keep money?
Under General Obligations Law § 7-108(1-a)(e), a landlord who doesn't provide the itemized statement and return the remaining deposit within 14 days after you vacate forfeits any right to keep any part of it. A late statement doesn't restore that right.
Can my landlord charge me for repainting the apartment?
Only if the painting is needed because of damage you caused beyond normal wear and tear. Ordinary fading, small marks and nail holes from normal living are usually wear and tear, which § 7-108(1-a)(b) says can't be deducted.
My landlord asked for two months' rent as a deposit. Is that legal?
For most New York apartments, no: a deposit or advance can't exceed one month's rent (§ 7-108(1-a)(a)). There are exceptions, such as seasonal rentals and certain owner-occupied co-ops.
Do I get interest on my deposit?
In buildings with six or more apartments, the landlord must keep deposits in an interest-bearing account in New York and pay you the interest, minus a 1% yearly administrative fee (General Obligations Law § 7-103).
Want your own situation checked?
This page is general. Describe what happened, attach the letter or document you received, and get a free first answer — then, if you want, a full check against New York and federal law and a letter ready to send.
Check my situation — freeOfficial sources
This page was written from the sources below. “Checked” is the date the source was last opened and read.
- N.Y. General Obligations Law (opens in a new tab)New York State Senate — Open Legislation (official text of the Consolidated Laws) · § 7-108(1-a)(a)–(g); § 7-107; § 7-103 · Checked: October 30, 2026Deposit limit, allowed deductions, inspections, the 14-day itemized statement, burden of proof, damages (§ 7-107 for rent-stabilized units), interest
- New York City Civil Court Act (opens in a new tab)New York State Senate — Open Legislation (official text of the Consolidated Laws) · Art. 18 · Checked: October 30, 2026Small claims in New York City
- Small Claims — New York State Unified Court System (opens in a new tab)New York State Unified Court System — CourtHelp · Checked: October 30, 2026How small claims work and the limits by court
Related questions
- Can my landlord raise the rent in the middle of my lease? · Rent increase notice in New York: 30, 60 or 90 days, and the Good Cause limits
- I'm month-to-month. Does the notice rule apply? · Rent increase notice in New York: 30, 60 or 90 days, and the Good Cause limits
- My lease says the late fee is $100. Do I have to pay it? · Late rent fees in New York: the $50 or 5% cap and the five-day grace period
- Can my landlord evict me for unpaid late fees? · Late rent fees in New York: the $50 or 5% cap and the five-day grace period
- Can my landlord put me out without going to court? · Got an eviction notice in New York? What it means and what to do now
- How long do I have after the marshal's notice? · Got an eviction notice in New York? What it means and what to do now
Related guides
- Your rightRent increase notice in New York: 30, 60 or 90 days, and the Good Cause limits
- Your rightLate rent fees in New York: the $50 or 5% cap and the five-day grace period
- What to do nowGot an eviction notice in New York? What it means and what to do now
- How toHow eviction works in New York: from notice to court to the marshal
- QuestionCan you break a lease in New York? What you owe and when you can leave early
- QuestionCan you have a roommate in New York? The roommate law and your rights
This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.