New York Security Deposit Law
Statute text last checked: October 23, 2026
Return deadline
14 days
Statute
N.Y. Gen. Oblig. Law § 7-108
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No more than one month's rent for most residential units (GOL § 7-108(1-a)(a)). The statute lists exceptions, including seasonal-use units and owner-occupied cooperative apartments.
When must the deposit be returned?
Within 14 days after the tenant vacates, the landlord must give an itemized statement of any amount 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)).
Key rules
- Deductions are limited to reasonable, itemized costs for unpaid rent, damage beyond normal wear and tear, unpaid utilities payable to the landlord under the lease, and moving and storage of the tenant's belongings. Nothing may be kept for ordinary wear and tear or a prior tenant's damage (§ 7-108(1-a)(b)).
- Before move-in, the landlord must offer an inspection; if the tenant requests one, a signed condition agreement is made and noted defects can't be charged later (§ 7-108(1-a)(c)).
- Before move-out, the landlord must tell the tenant in writing of the right to request a pre-move-out inspection; after it, the landlord itemizes proposed deductions and the tenant can fix them before the tenancy ends (§ 7-108(1-a)(d)).
- In a dispute, the landlord bears the burden of proving the amount kept was reasonable (§ 7-108(1-a)(f)).
If the landlord doesn't follow the law
A landlord who violates these rules is liable for actual damages; a willful violation can add punitive damages of up to twice the deposit (§ 7-108(1-a)(g)).
Frequently asked questions
How much can a New York landlord charge for a security deposit?
Generally no more than one month's rent under GOL § 7-108, with limited exceptions such as seasonal-use units.
How long does a New York landlord have to return a deposit?
14 days after you vacate, with an itemized statement. Missing that deadline forfeits the landlord's right to keep any of it.
Sources
- N.Y. Gen. Oblig. Law § 7-108 (official text)
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