nyc security deposit return rules come from New York General Obligations Law § 7-108(1-a). If a letter cites that section, it is about your money. The key number in every nyc security deposit return is 14 days. Your landlord must return your deposit with an itemized statement within 14 days after you move out. If they miss that deadline, they lose the right to keep any of it.
What NYC Security Deposit Return Actually Says
The law starts with a simple idea. Your deposit is your money, and the landlord is only holding it. You can read the full text on the New York State Senate website (GOL § 7-108). For a nyc security deposit return, the landlord may keep money for only four things. Those are unpaid rent, damage beyond normal wear and tear, unpaid utility charges owed directly to the landlord under the lease, and moving and storing your belongings.
Everything else must come back to you. For example, faded paint or light scuffs from normal living are usually “normal wear and tear.” However, a hole punched in a wall may count as damage. In most cases, disputes about a nyc security deposit return come down to that line. The law also caps most deposits at one month’s rent.
| Provision | Exact rule | Section |
|---|---|---|
| Deposit cap | No more than one month’s rent (limited exceptions for seasonal-use units and owner-occupied co-op apartments) | GOL § 7-108(1-a)(a) |
| What can be kept | Only reasonable, itemized costs for unpaid rent, damage beyond normal wear and tear, unpaid utilities owed to the landlord, and moving/storage of your belongings | GOL § 7-108(1-a)(b) |
| Move-in inspection | Landlord must offer one; if you ask, both sides sign a written condition agreement | GOL § 7-108(1-a)(c) |
| Move-out inspection | No earlier than 2 weeks and no later than 1 week before the tenancy ends, with at least 48 hours’ written notice | GOL § 7-108(1-a)(d) |
| Return deadline | 14 days after you vacate, with an itemized statement, or the landlord forfeits the right to keep any of it | GOL § 7-108(1-a)(e) |
| Burden of proof | The landlord must prove the amount kept was reasonable | GOL § 7-108(1-a)(f) |
| Penalty | Actual damages; for a willful violation, punitive damages of up to twice the deposit | GOL § 7-108(1-a)(g) |
Who NYC Security Deposit Return Covers (and Who It Does Not)
This is a statewide law, so it covers most renters in all five boroughs. Typically, that means regular market-rate apartments and rent-stabilized apartments. Rent-stabilized units are not on the law’s exemption list. As a result, the nyc security deposit return rules apply to most New York City leases.
However, the law lists some exceptions. Subdivision 1-a does not apply to units covered by the city rent and rehabilitation law, which is New York City’s rent control law. It also does not apply to the emergency housing rent control law. Some senior and care housing is excluded too. That includes licensed continuing care retirement communities, assisted living providers, and adult care facilities. It also covers certain senior and nonprofit retirement communities.
If you are not sure your unit qualifies for nyc security deposit return protection, check your lease and your rent registration. A local legal-aid office can also tell you quickly.
What Your Landlord Must Do Under This Law
Your landlord has duties at move-in, near move-out, and after you leave. After you sign the lease, the landlord must offer you a chance to inspect the unit. If you ask for that inspection, you both sign a written agreement listing existing damage. Later, the landlord cannot charge you for anything on that list. That paper can protect your nyc security deposit return, so keep a copy.
Near the end of your lease, the landlord must tell you in writing that you can ask for a move-out inspection. You also have the right to be there. There is one exception. That notice is not required if you end the tenancy with less than two weeks’ notice. After that inspection, the landlord must list the repairs or cleaning they plan to charge you for. As a result, you get a chance to fix those problems before you leave.
If you asked for a move-out inspection, it must happen no earlier than two weeks and no later than one week before your lease ends. The landlord must give you at least 48 hours’ written notice of the date and time. A late or missing statement is one of the most common nyc security deposit return problems.
What You Can Do When NYC Security Deposit Return Rules Are Broken
First, count the days. If 14 days have passed with no itemized statement, write to your landlord. Cite GOL § 7-108(1-a)(e) and ask for your full deposit back. Keep copies of everything, including photos, texts, and your lease. For example, a short letter with a clear deadline often settles a nyc security deposit return dispute.
If that does not work, you may be able to sue in small claims court. Check with the court clerk about current filing limits and fees. In court, the landlord must prove any deduction was reasonable. You do not have to prove it was unreasonable. You can recover your actual losses. If a judge finds the violation was willful, the law allows punitive damages of up to twice the deposit.
No outcome is guaranteed, so get help early. In most cases, a local legal-aid office or tenant attorney can review your nyc security deposit return claim for free or at low cost. If you also face an eviction case, contact legal aid right away.
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Frequently Asked Questions
What if my landlord sent the money back but no itemized statement?
The law requires both the statement and the deposit within 14 days. If the landlord kept part of the money without an itemized statement, they may have forfeited the right to keep it. Many tenants use that point in a nyc security deposit return demand letter.
Can my landlord keep money for normal wear and tear?
No. The law lets the landlord keep money only for damage beyond normal wear and tear, plus the few other costs it lists. Typically, small scuffs, minor nail holes, and aging paint count as normal use.
Does the 14-day nyc security deposit return rule apply to rent-controlled apartments?
Subdivision 1-a does not apply to units under New York City’s rent control law. However, rent-stabilized apartments are not on the exemption list. Check with a local legal-aid office if you are unsure which rules cover your unit.
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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.
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- 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.