What Security Deposit Not Returned New York Actually Says
Many tenants search “security deposit not returned new york” after moving out and hearing nothing. Others have a letter that cites Section 7-108. Either way, this is the law that matters. It says the deposit is still your money. The landlord holds it in trust, and it is not the landlord’s property.
The heart of the law is a clock. Once you move out, the landlord has 14 days to act. They must give you an itemized statement of any deductions. They must also return whatever is left. In most cases, a security deposit not returned New York dispute turns on one question. Did the landlord meet that 14-day deadline?
The law also sets other rules. It caps how much a landlord can collect, and it controls what they can deduct. However, those details are best read word for word. You can read the full official text of New York General Obligations Law Section 7-108 on the New York State Senate website.
| Provision | Exact rule | Section |
|---|---|---|
| Return deadline | 14 days after you move out | GOL Section 7-108 |
| Itemized statement | Due within the same 14 days if the landlord keeps any money | GOL Section 7-108 |
| Missed deadline | Landlord forfeits the right to keep any part of the deposit | GOL Section 7-108 |
| Deposit cap and allowed deductions | Set in the statute; confirm the exact wording in the official text | GOL Section 7-108 |
Who Security Deposit Not Returned New York Covers (and Who It Does Not)
Section 7-108 covers most residential rentals across the state. That includes apartments, houses, and rooms rented under a lease or month-to-month deal. For example, a renter in Buffalo and a renter in Brooklyn typically rely on the same statute. The security deposit not returned New York rules usually apply whether your lease is written or verbal.
However, the statute does list some exceptions. Certain types of housing may be treated differently. The official text spells out who is excluded. If your landlord claims an exception, ask them which part of Section 7-108 they mean. Then check that wording yourself, or ask a legal-aid office to check it.
Some tenants have extra protection on top of state law. For example, rent-stabilized units in New York City follow added rules. As a result, a security deposit not returned New York case can involve more than one law. A local tenant group or legal-aid office can tell you what applies to your building.
What Your Landlord Must Do Under This Law
Your landlord’s main duty is to account for your money. Within the deadline, they must either return the full deposit or explain every deduction in writing. A vague note saying “damages” is typically not enough. The statement should be itemized, meaning each charge is listed separately.
If the landlord misses the 14-day window, the law is strict. They forfeit the right to keep any portion of the deposit. In a security deposit not returned New York dispute, this is often your strongest point. Keep any envelope, text, or email showing when their statement actually arrived.
The landlord also may not treat normal wear and tear as damage. For example, faded paint or light carpet wear from normal living is typically not your cost. If a deduction looks unfair, ask for receipts. Many security deposit not returned New York problems end once a landlord is asked to prove each charge.
What You Can Do When It Is Broken
Start with a written demand letter. Say when you moved out and cite Section 7-108. Explain that 14 days have passed. Ask for the full deposit by a clear date. Send it in a way you can track, and keep a copy. In most cases, a firm letter citing the law gets a landlord’s attention.
If that fails, you can file in small claims court. Small claims is built for people without lawyers, and filing fees are usually low. Check the current dollar limit and fees with your local court clerk. Bring your lease, move-out photos, your demand letter, and proof of the dates.
The statute may also allow extra damages when a landlord’s violation is willful. However, the exact amount and rules must be confirmed in the official text. For a security deposit not returned New York claim, you can also complain to the New York Attorney General’s office. If you face an active eviction, contact a local legal-aid office or tenant attorney right away.
Gather your evidence early. Photos from move-in and move-out help the most. Texts and emails with your landlord help too. As a result, a security deposit not returned New York case often comes down to who kept better records.
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Frequently Asked Questions
How long does a landlord have to return a security deposit in New York?
Under Section 7-108, the landlord has 14 days after you move out. Within that time, they must return the deposit or send an itemized list of deductions. In a security deposit not returned New York case, missing this deadline can cost the landlord the right to keep any of it.
What if my landlord sent an itemized list after 14 days?
A late list typically does not save the landlord. The law says they forfeit the right to keep any portion if they miss the 14-day deadline. You may be able to demand the full amount back, so check with your court or a local legal-aid office.
Do I need a lawyer to get my deposit back?
Usually not. Many tenants handle a security deposit not returned New York claim on their own in small claims court. However, if the amount is large or you face an eviction, a legal-aid office or tenant attorney can help.
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Find Your State’s Exact Rules
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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
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- 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.