New York Security Deposit Laws
Complete guide to security deposit rules, deadlines, and tenant rights in New York.
14
Days to Return
One month's rent
Max Deposit
Yes
Itemization Required
Forfeiture of deductions
Potential Penalty
Security Deposit Return Deadline
Landlords have 14 days after the tenant vacates to return the security deposit and/or provide an itemized statement of deductions. Failure to provide itemization within 14 days forfeits the right to retain any portion.
Legal Reference: GOL § 7-108
Maximum Security Deposit
Security deposits for residential leases in New York are generally capped at one month's rent under the Housing Stability and Tenant Protection Act of 2019.
Legal Reference: GOL § 7-108
Penalties for Violations
Forfeiture of deductions
If a landlord fails to provide an itemized statement within 14 days, they forfeit the right to retain any portion of the security deposit.
Legal Reference: GOL § 7-108
What is Normal Wear and Tear?
Landlords generally cannot charge tenants for normal wear and tear. Examples typically include:
- ✓Faded paint from sunlight exposure
- ✓Carpet worn from normal foot traffic
- ✓Minor scuffs on walls from furniture
- ✓Small nail holes from hanging pictures
- ✓Worn appliances from regular use
- ✓Light fixture wear from normal aging
Landlord Obligations
- 1Offer a move-in inspection and provide written documentation
- 2Notify tenant of right to request pre-move-out walk-through
- 3Return deposit or itemized statement within 14 days
- 4Provide itemized list of proposed deductions during walk-through
- 5Give tenant opportunity to cure issues before deducting
Tenant Rights
- ✓Request a move-in inspection with written documentation
- ✓Request a pre-move-out walk-through inspection
- ✓Opportunity to cure issues identified during walk-through
- ✓Receive itemized statement of all deductions within 14 days
- ✓Full deposit return if landlord fails to itemize within 14 days
- ✓Deposit limit of one month's rent
Common Landlord Violations
These are issues that tenants frequently encounter with security deposits in New York:
- !Missing the 14-day deadline (forfeits all deduction rights)
- !Not offering move-in inspection
- !Not providing pre-move-out walk-through when requested
- !Charging more than one month's rent as deposit
- !Charging for normal wear and tear
- !Not providing itemized deductions
Frequently Asked Questions
How long does a landlord have to return my deposit in New York?
In New York, landlords have 14 days from when you vacate to return your deposit and/or provide an itemized statement of deductions. Missing this deadline forfeits their right to keep any portion.
What is the maximum security deposit in New York?
Under the Housing Stability and Tenant Protection Act of 2019, security deposits for residential leases in New York are generally capped at one month's rent.
Can I request an inspection before moving out in New York?
Yes, landlords must notify you of your right to request a pre-move-out walk-through. During this inspection, they must provide an itemized list of proposed deductions, giving you the opportunity to fix issues before moving out.