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Security deposit · New York

14 days after you vacate.

By housr editorsStatute text checked 2026-10-05Legal review pending
A named legal reviewer hasn't signed this page yet. We read and quoted the statute ourselves on 2026-10-05. Until review, this page isn't indexed by search engines. This is information, not legal advice. See legal review.
The short answerN.Y. Gen. Oblig. Law §7-108(1-a)
Deadline14 calendar days
Before it appliesItemized statement required
If kept in bad faithActual damages

The rule

In New York, the clock starts when: you vacate. The landlord then has 14 calendar days. The statute says:

“…within fourteen days after the tenant has vacated the premises…”

The deposit itself can't be more than one month's rent.

For example, if you returned the keys on Oct 25, 2026, the date would be Nov 8, 2026. Use the Clock for your own dates.

What the landlord has to send

An itemized statement of the basis for any amount kept; miss the 14 days and the landlord forfeits any right to keep a portion.

How much a deposit can be

One month's rent (with exceptions for seasonal units and owner-occupied cooperatives).

“If the tenant requests such an inspection, the inspection shall be made no earlier than two weeks and no later than one week before the end of the tenancy.”
N.Y. Gen. Oblig. Law §7-108(1-a)(d)
“If a landlord fails to provide the tenant with the statement and deposit within fourteen days, the landlord shall forfeit any right to retain any portion of the deposit.”
N.Y. Gen. Oblig. Law §7-108(1-a)(e)

Do this

Ask for the pre-move-out inspection

New York lets you request an inspection before you leave. It happens no earlier than two weeks and no later than one week before the end of the tenancy, and you get a list of what to fix. N.Y. Gen. Oblig. Law §7-108(1-a)(d)

On move-out day

Give your forwarding address in writing and keep proof of sending. Photograph every room before you return the keys.

Deductions and wear and tear

The landlord may not keep any amount for ordinary wear and tear or damage caused by a prior tenant (§7-108(1-a)(b)).

For a charge to replace something old, Fair Charge works out a prorated estimate from the item's age and useful life, and says where the useful life comes from. See also the item guides for carpet, paint and cleaning.

If the deadline passes

Actual damages; a willful violation can add punitive damages of up to twice the deposit.

“…a person found to have willfully violated this subdivision shall be liable for punitive damages of up to twice the amount of the deposit or advance.”
N.Y. Gen. Oblig. Law §7-108(1-a)(g)

The usual first step is a written demand that states the date the deposit was due and cites the statute. Our demand letter does that and carries any disputed deductions.

Your next steps

Sources

  1. N.Y. Gen. Oblig. Law §7-108(1-a) · checked 2026-10-05
  2. N.Y. Real Prop. Law §232-b (notice to vacate) · checked 2026-10-05

Information, not legal advice. Statutes are quoted from official legislature sites; summaries are ours. Spotted an error? Tell us.