DisputeKit / New York
How long does a New York landlord have to return a security deposit?
14 days. Under New York General Obligations Law § 7-108, a landlord must provide an itemized statement of any amount retained and return the remaining deposit within 14 days after the tenant moves out. If they miss that deadline, they lose the right to keep any part of the deposit. A court may also award punitive damages of up to twice the amount of the deposit for a willful violation.
I moved out of my place in on and my landlord still has my $ deposit.
Fill in the blanks to see your deadline. Free, no account.
What the landlord can deduct
A landlord can only keep money for specific reasons, and must list each deduction in writing.
- Deductions are limited to unpaid rent, utilities, damage beyond ordinary wear and tear, and moving or storage of belongings.
- The tenant may request an inspection before moving out.
If the deadline has passed
Send a written demand letter. Name the law, the date you moved out, the date the deadline passed and the exact amount you want back, with a date to pay by. Keep proof that you sent it.
If they still don't pay, you can file in small claims court. The limit in New York is $10,000 in New York City (lower in city, town and village courts elsewhere), and the filing fee is $15 for claims up to $1,000 and $20 above that in New York City.
Steps
- Find your move-out date and deposit amount
- Add 14 days to get the legal deadline
- Send a written demand letter citing the law
- Track the response date
- File in small claims court if unpaid
Common questions
When does the 14-day clock start in New York?
It starts when you move out and return possession of the unit. Use the day you returned the keys or the landlord took the unit back.
What if I got part of my deposit back?
You can still demand the rest. Your claim is the deposit minus what was returned and minus any deductions you agree were allowed.
Can I get more than my deposit back?
Possibly. New York law allows a court to award punitive damages of up to twice the amount of the deposit for a willful violation. That is decided by a judge and is not guaranteed.
Do I need a lawyer?
Not usually. Small claims court in New York is designed for people without lawyers. A clear demand letter is often enough to get paid.