When Must a New York Landlord Return Your Security Deposit?
In New York, the deadline is 14 days after you vacate the premises. The rule is N.Y. General Obligations Law § 7-108(1-a) (non-rent-stabilized homes). Here is the clock, the cap, what the landlord must send you, and what happens when they miss it.
The New York rule in one table
| Question | New York rule |
|---|---|
| Governing statute | N.Y. General Obligations Law § 7-108(1-a) (non-rent-stabilized homes) |
| Maximum deposit | 1 month's rent |
| Return / itemize deadline | 14 days after you vacate the premises |
| Itemized statement required? | Yes — within the same 14 days the landlord must give you an itemized statement showing the basis for every amount kept, and return the rest. |
| Penalty for missing the deadline | Miss the 14 days and the landlord forfeits any right to keep any part of the deposit. |
What makes New York different
New York's 14 days is the shortest clock in this directory, and it is unforgiving: the statute does not let a late landlord keep even a justified deduction. Rent-stabilized units sit under a companion section (§ 7-107) that is being aligned to the same 14-day, itemized-statement protections effective November 15, 2025 — check which section covers your unit before you rely on a deadline.
The move-out process, step by step
- Your clock starts after you vacate the premises. Everything in New York is counted from that date — note it, and keep proof of when you handed back possession (photos of the empty unit, a signed move-out form, or the key-return receipt).
- Give a forwarding address in writing. Some states make this a formal trigger for the landlord's duty; everywhere, the landlord can only mail the statement and any refund to an address they have. Email counts in most leases — written and kept beats verbal and lost.
- Count the deadline: 14 days. Mark the calendar date. The landlord's obligation is to send by that date in most states — delivery or mailing by the deadline is what the statutes measure.
- Read the statement against the statute. Yes — within the same 14 days the landlord must give you an itemized statement showing the basis for every amount kept, and return the rest.
- If the deadline passes with nothing, the penalty rules switch on. Miss the 14 days and the landlord forfeits any right to keep any part of the deposit. A landlord found to have willfully violated the section is liable for actual damages plus punitive damages of up to 2× the deposit.
If your landlord missed the deadline
New York City Housing Court or small claims court; outside the city, your local court. The Attorney General's tenant resources explain the complaint route for deposit violations.
Before you file anything, run your dates through the Security Deposit Deadline Calculator — enter your state and move-out date and it returns the exact calendar deadline and the penalty rule that applies. Then compare your state with the other seven in the Security Deposit Return Deadlines by State directory.
Renting in a different state next? The rules change completely at the border: see Texas and Florida for the two most different systems in this set, or your own state's page from the directory.
If the deadline has passed, send a written demand first, then file in small claims if it fails: How to Write a Security Deposit Demand Letter and How to File a Small Claims Case for a Withheld Deposit in New York.
Source
Every deadline, cap, and penalty on this page comes from the statute itself: NY Senate — General Obligations Law § 7-108. Facts verified 2026-10-23.
This page explains how the process works and what the official rules say. It is general information, not legal advice — for a dispute about your specific situation, talk to a lawyer or your state labor or consumer agency.
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