Updated 2026 · New York Law
Security Deposit Laws in New York City, New York (2026)
Under N.Y. Gen. Oblig. Law § 7-108, landlords in New York City must return your security deposit within 14 days after you vacate the unit. Failure to comply entitles you to the deposit plus statutory penalties. This page is a plain-language reference to New York's security deposit statute as it applies to New York City renters. NYC's Housing Stability and Tenant Protection Act (2019) caps deposits at one month's rent and requires landlords to pay annual interest.
14
Days to Return
Up to 2× deposit
Penalty
$10,000
Small Claims Limit
New York Security Deposit Statute — Quick Reference
Statute
Return Deadline
14 days after tenancy ends — One of the shortest deadlines in the country
Penalty
Landlord forfeits the right to keep any portion of your deposit; willful violations can result in punitive damages up to twice the deposit
Interest Required
Yes — Interest at prevailing rate (All deposits)
Small Claims Limit
$10,000
Filing Fee
$15–$40
The 14-Day Return Deadline in Detail
Under N.Y. Gen. Oblig. Law § 7-108, a New York City landlord has 14 calendar days after the tenancy ends to return your security deposit. If the landlord makes deductions, they must provide a written, itemized statement of each deduction along with copies of receipts, invoices, or estimates supporting each charge.
Important: One of the shortest deadlines in the country. The clock starts when the tenancy legally terminates — typically your move-out date or lease end date, whichever is later. To protect your rights, provide your forwarding address in writing on or before your move-out date.
Penalty for Violation
New York Statutory Penalty
Landlord forfeits the right to keep any portion of your deposit; willful violations can result in punitive damages up to twice the deposit
Cite: N.Y. Gen. Oblig. Law § 7-108
Up to 2x the deposit for willful violations. To recover these penalties, file in small claims court in New York City's jurisdiction. You may also send a formal demand letter first — many landlords return deposits once they receive a written legal demand citing the applicable statute.
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Small Claims Court — New York
How to find your court
File at the Small Claims Part of the City Court (upstate) or Civil Court (NYC) where the property is located.
New York court finder →New York City Security Deposit FAQ
How long does a New York City landlord have to return my security deposit?
14 days after you vacate the unit. Under N.Y. Gen. Oblig. Law § 7-108, your landlord must return the deposit — along with an itemized statement and receipts for any deductions — within 14 days of your move-out date. This is one of the shortest deadlines in the country.
What is the penalty if my NYC landlord misses the 14-day deadline?
A landlord who willfully retains your deposit beyond the deadline may forfeit the right to keep any portion of it. Under § 7-108(e), a willful violation can result in liability for up to 2x the deposit amount. Even without a willful finding, the landlord loses the right to deduct anything if they fail to provide a timely itemized statement.
Does my NYC landlord have to pay interest on my security deposit?
Yes. New York landlords must deposit security funds in an interest-bearing account and pay tenants the accrued interest annually, minus a 1% administrative fee. The interest rate is set annually by the NYC Banking Commission. Failure to pay interest is an independent violation.
What can an NYC landlord legally deduct from my security deposit?
Lawful deductions include unpaid rent, costs to repair damage beyond normal wear and tear, and cleaning fees if the unit was left excessively dirty. Landlords cannot charge for ordinary scuff marks, minor nail holes, or carpet wear from normal use. All deductions must be itemized with receipts.
How do I file a small claims case against my NYC landlord for my security deposit?
File at NYC Civil Court Small Claims, located at 111 Centre St., Manhattan (or a borough courthouse convenient to you). The maximum claim is $10,000. Filing fees are $15–$20. You do not need an attorney. Bring your lease, deposit receipt, move-out photos, the demand letter with certified mail proof, and any landlord communications.
Related Resources
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Track Your Deadline. Build Your Case.
Create a free Deposit Deadline account to save your move-out date, get email reminders before the 14-day deadline, and generate a state-specific demand letter citing N.Y. Gen. Oblig. Law § 7-108.
This page is a general legal reference for informational purposes only and does not constitute legal advice. Security deposit laws may change; always verify the current statute before taking action. Full disclaimer →