New York security deposit law sets rules for how much a landlord may collect, what can be deducted, and when a tenant should receive the money back. If you are moving out, the most important steps are to understand the 14-day deadline, document the condition of the apartment, and request an itemized explanation for any deduction.
This guide explains the general rules in plain English. Special rules can apply to rent-stabilized housing, certain buildings, and particular rental arrangements, so always check the law that applies to your tenancy.
How Much Can a Landlord Charge?
For most residential rentals covered by New York General Obligations Law § 7-108, a security deposit or advance cannot exceed one month’s rent. A landlord generally cannot collect a separate last month’s rent payment if doing so would cause the total advance payment to exceed the legal limit.
The amount should be clear in your lease and payment records. Keep proof of the deposit, such as a receipt, bank transfer, canceled check, or written confirmation.
When Must a Security Deposit Be Returned?
In covered situations, the landlord must provide an itemized statement explaining any amount retained and return the remaining deposit within 14 days after the tenant vacates. The statement should identify the basis for deductions rather than simply giving a vague description such as “repairs.”
If the landlord does not provide the required statement and remaining deposit within the 14-day period, the landlord may forfeit the right to keep any portion of the deposit. The exact remedy can depend on the facts and the applicable statutory provision.
What Can a Landlord Deduct?
Permitted deductions may include unpaid rent and certain other charges allowed by law, damage beyond ordinary wear and tear, qualifying unpaid utility charges, and legally permitted moving or storage costs. The landlord must be able to support the amount withheld.
Ordinary wear and tear is not the same as damage. Faded paint, minor scuffs from normal use, and reasonable aging will not automatically justify a charge. A large hole in a wall, broken fixtures caused by misuse, or other substantial damage may be treated differently.
Pre-Move-Out Inspection Rights
New York law provides inspection-related protections in covered non-rent-stabilized units. When the tenant properly requests an inspection, the landlord must follow applicable notice and timing rules, identify proposed repair or cleaning deductions, and give the tenant an opportunity to address qualifying conditions before the tenancy ends.
Because coverage and procedures can vary, make an inspection request in writing and keep a copy. Take dated photographs or video of each room, appliance, floor, wall, and fixture after removing your belongings.
Special Rules for Rent-Stabilized Housing
Rent-stabilized units and certain New York City rental arrangements may be governed by specific provisions, including General Obligations Law § 7-107. Changes effective November 15, 2025 expanded certain protections for rent-stabilized tenants.
Do not assume that every rental is governed by exactly the same subsection or procedure.
Review the applicable statute, your lease, and guidance from New York Homes and Community Renewal before relying on a general rule.
Does the Deposit Earn Interest?
New York has interest-account rules for security deposits held in certain buildings, including requirements concerning the bank, notice, and payment of interest. Whether interest is owed and how it is handled depends on the property’s location, size, and legal classification.
What to Do If Your Landlord Keeps Your Deposit
- Save the lease, deposit receipt, rent records, photographs, inspection notices, and messages.
- Send a polite written request for the deposit and an itemized statement.
- Check each deduction against the lease and applicable New York law.
- Ask for supporting invoices, estimates, or other documentation when appropriate.
- Contact a tenant-help organization, the New York Attorney General, or a qualified housing attorney.
- Consider the appropriate court option if the dispute is not resolved.
Common Questions
Can a landlord keep the entire deposit?
Only legally supported deductions may be retained. A landlord cannot automatically keep the full deposit simply because a tenant moved out or because the unit needs normal cleaning and maintenance.
What if I never receive an itemized statement?
Keep evidence of the move-out date and your forwarding address, then request the statement in writing. Failure to meet the statutory deadline can affect the landlord’s right to retain money, but the best legal response depends on the facts.
Should I provide a forwarding address?
Yes. Give the landlord a reliable forwarding address in writing and keep proof that you provided it. This helps avoid delivery problems and creates a record of your request.
Official Sources
- New York General Obligations Law § 7-108
- New York General Obligations Law § 7-107
- New York Homes and Community Renewal: Leases and Security Deposits
Disclaimer: This article provides general legal information, not legal advice. Rules can change, and the correct result depends on the property, lease, tenancy type, and facts. For advice about a specific dispute, consult a qualified New York housing attorney or tenant-support organization.