General obligations law 7-108 is the New York law that protects your security deposit from the day you move in to the day you move out. If a landlord’s letter cites general obligations law 7-108, the key number is 14 days. That is how long your landlord has after you move out to return your deposit with an itemized statement.
What General Obligations Law 7-108 Actually Says
General obligations law 7-108 sets the ground rules for security deposits on New York rentals. It covers three main things: how much a landlord can collect, when the money must come back, and how deductions must be explained. These rules were strengthened in 2019. In most cases, they apply no matter what your lease says.
The deposit cap is one month’s rent. Your landlord cannot ask for more than that as a deposit or advance. For example, if your rent is $1,800 a month, a $3,600 deposit would break the rule. The law also limits what can be deducted. Typically, deductions must be for unpaid rent or damage beyond normal wear and tear.
The law also puts real weight on your side. Under general obligations law 7-108, the landlord must justify what they keep. You do not have to prove the apartment was spotless. Read the full text of the statute on the New York State Senate site for the exact wording.
| Provision | Exact rule | Section |
|---|---|---|
| Deposit cap | No more than one month’s rent | GOL § 7-108 |
| Return deadline | 14 days after you move out | GOL § 7-108 |
| Itemized statement | Required for any money kept, within the same 14 days | GOL § 7-108 |
| Missed deadline | The statute sets consequences for the landlord; see the official text | GOL § 7-108 |
Who General Obligations Law 7-108 Covers (and Who It Does Not)
General obligations law 7-108 applies to residential rentals in New York. That includes apartments, rented houses and rooms. It covers renters in New York City and across the rest of the state. It also typically applies whether your lease is written or verbal.
However, the statute has its own coverage rules and exceptions. The exact wording decides who is covered. So read the official text or ask a legal-aid office if your situation is unusual. For example, a sublet, a room in the owner’s home, or a rent-regulated unit may raise extra questions.
Also, general obligations law 7-108 is not the only rule that may help you. Other state laws and local rules can add protections, such as interest on deposits in some buildings. As a result, check with your local legal-aid office or tenant group about what else applies where you live.
What Your Landlord Must Do Under This Law
Your landlord’s first duty is at move-in. They cannot collect a deposit larger than one month’s rent. Under general obligations law 7-108, this cap covers any “deposit or advance,” not just money labeled “security.” For example, calling extra money a “move-in fee” does not automatically make it legal.
The biggest duty comes at move-out. Within 14 days after you leave, your landlord must return your deposit. If they keep any part of it, they must send an itemized statement. That statement should list each reason and the amount taken for it. A vague note like “cleaning and repairs” typically falls short.
General obligations law 7-108 also expects landlords to act in good faith. They may not use the deposit as a bonus. In most cases, normal wear and tear, like faded paint or light carpet wear, is not a valid deduction.
What You Can Do When It Is Broken
Start with a written demand. Send your landlord a letter or email asking for your deposit and quoting general obligations law 7-108. Give the date you moved out and your forwarding address. Keep a copy. Many landlords pay once they see you know the rule.
If that does not work, you may be able to file in small claims court. The statute gives tenants real remedies when a landlord misses the 14-day deadline or skips the itemized statement. It also allows extra damages when a violation is willful. Check the exact penalty amounts in the official statute text before you file. Your local court’s help desk can explain the filing steps and fees.
Bring proof. Move-in and move-out photos, your lease, rent receipts and any texts with your landlord all help. Under general obligations law 7-108, the landlord must justify deductions, but good records make your case much stronger. If you are also facing an eviction, contact a local legal-aid office or tenant attorney right away. Eviction deadlines move fast.
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Frequently Asked Questions
Can my New York landlord charge first month, last month and a security deposit?
In most cases, no. General obligations law 7-108 limits any deposit or advance to one month’s rent. You can still pay the first month’s rent itself, but extra advance payments on top of a deposit may break the cap.
What if my landlord never sent an itemized statement?
Under general obligations law 7-108, the landlord must send an itemized statement within 14 days if they keep any money. If they miss that deadline, the law may limit their right to keep your deposit. Check the official text and talk with a legal-aid office about your options.
Do I need a lawyer to get my deposit back?
Not always. Many tenants handle deposit disputes in small claims court without a lawyer. However, a free legal-aid consultation can help if the amount is large or your landlord is fighting back.
Protect your stuff while you sort this out
A landlord’s insurance does not cover your belongings — renters insurance does, often for a few dollars a month. Compare options before your next move.
Find Your State’s Exact Rules
Notice periods, deposit caps, and the eviction timeline all change from state to state. Pick your state to see the exact days, dollar limits, and steps that apply where you live.
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Sources & How to Verify
The rules on this page are drawn from official government and legal-aid sources. Tenant law changes, so always confirm the exact rule with your state’s statute or a local legal-aid office.
- HUD: hud.gov — federal renter protections and fair housing
- Legal Services Corporation: lsc.gov — find free legal aid in your state
- Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
- Your state statute & court self-help portal: search “[your state] landlord tenant act” and “[your state] court self-help eviction” for the exact law and forms
Content last reviewed September 2026. If you notice outdated information, please contact us.
New York Renter Guides
- New York Eviction Process
- New York Tenant Rights
- New York Security Deposit Law
- New York Rent Increase Laws
- New York Repairs and Habitability
- Breaking a Lease in New York
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Informational only — not legal advice. Tenant Rights Info is an independent educational resource, not a law firm, and this page does not provide legal advice. Landlord-tenant law varies by state and city and changes over time, so always verify the exact rule with your state’s statute, your local court’s self-help portal, or a legal-aid office. For urgent situations like an active eviction, contact a local legal-aid office or a licensed tenant attorney in your state right away.