New York Security Deposit Law at a Glance
Governing Statute
N.Y. GOL §7-108 — Deposits and Advances on Residential Property
Return Deadline
Your landlord must return your deposit or provide an itemized statement within 14 calendar days after tenant vacating the unit.
Penalty for Non-Return
If your landlord fails to return your deposit or provide an itemized statement within 14 calendar days, you may be entitled to up to double the amount wrongfully withheld in bad faith under N.Y. GOL §7-108(1-a)(e).
Key Facts
- Maximum deposit: 1 month rent
- Itemization required: Within 14 calendar days
- Small claims limit: $10,000
- Interest on deposit: For buildings with 6+ units, landlord must place deposit in interest-bearing account and pay interest to tenant annually minus 1% admin fee
Additional Protections
- Deposit capped at 1 month rent (HSTPA 2019)
- Landlord must return deposit with itemized deductions within 14 days
- No non-refundable fees allowed
- Landlord cannot charge for normal wear and tear
- Landlord must place deposit in interest-bearing account (6+ unit buildings)
What Your New York Demand Letter Includes
Every letter is built from New York's actual statute — not a generic template.
Exact Statute Citation
N.Y. GOL §7-108 cited by section number. Your landlord sees you know the law.
Calculated Deadline
14 calendar days from your move-out date, computed automatically from your specific dates.
Penalty Warning
up to double the amount wrongfully withheld in bad faith — cited so your landlord knows the cost of non-compliance.
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New York Security Deposit FAQ
How long does my landlord have to return my security deposit in New York?
Under N.Y. GOL §7-108, your landlord has 14 calendar days after tenant vacating the unit to return your security deposit or provide an itemized statement of deductions.
What happens if my New York landlord doesn't return my deposit on time?
If your landlord fails to return your deposit within the legal deadline, you may be entitled to up to double the amount wrongfully withheld in bad faith under N.Y. GOL §7-108(1-a)(e). You can pursue this in small claims court.
What is the maximum security deposit a landlord can charge in New York?
Under N.Y. GOL §7-108(1-a)(a), the maximum security deposit in New York is 1 month rent.
Does my New York landlord have to itemize deductions from my deposit?
Yes. New York law requires landlords to provide an itemized list of deductions within 14 calendar days of move-out.
Can I sue my landlord in small claims court in New York?
Yes. New York small claims court handles cases up to $10,000. Security deposit disputes are one of the most common small claims cases.
Do I need a lawyer to send a security deposit demand letter in New York?
No. A demand letter is a formal written request, not a lawsuit. You can send one yourself. Our tool generates a New York-specific demand letter citing N.Y. GOL §7-108 so your landlord knows you understand your rights.
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