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New York Security Deposit Law: Deadlines & Penalties

Since the 2019 Housing Stability and Tenant Protection Act, New York landlords have 14 days after a tenant moves out to provide an itemized statement of any deductions and return the rest of the deposit. Deductions are limited to the reasonable, itemized costs of unpaid rent, damage beyond normal wear and tear, unpaid utility charges owed directly to the landlord under the lease, and moving and storing belongings left behind.

The 14-day rule has real teeth: a landlord who misses the deadline forfeits any right to keep part of the deposit. In a dispute, the landlord must prove that the amount kept was reasonable, and a landlord who willfully breaks these rules can owe punitive damages of up to twice the deposit. Deposits for most residential tenancies are also capped at one month's rent.

Landlords must tell tenants in writing that they can ask for an inspection before moving out and be present for it. The inspection takes place one to two weeks before the tenancy ends, and the landlord must then list the repairs or cleaning that could lead to deductions, giving you a chance to fix them. Take dated photos and video of every room on your last day.

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New York: common questions

How long does a New York landlord have to return a security deposit?

14 days after you move out. Within that window the landlord must give you an itemized statement of any deductions and return the balance.

What happens if my New York landlord misses the 14-day deadline?

The landlord loses the right to keep any portion of the deposit, so you can ask for the whole amount back. If the landlord willfully violated the law, a court can also award punitive damages of up to twice the deposit.

Is there a limit on security deposits in New York?

For most residential leases, the deposit can't be more than one month's rent.

Where do I file if my landlord won't pay?

Small claims court. The limit is $10,000 in New York City and $5,000 in other city courts, with a $3,000 limit in town and village courts. Bring your lease, photos, this letter and proof of mailing.

Compare nearby states

StateReturn deadlineItemized listSmall claims limit
New York14 daysRequired$10,000 in New York City ($5,000 in most other city courts)
Connecticut21 daysRequired$5,000 (deposit claims may exceed this when doubled)
Massachusetts30 daysRequired$7,000
New Jersey30 daysRequired$5,000
Pennsylvania30 daysRequired$12,000 (magisterial district court)
Vermont14 daysRequired$10,000

See all states

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