New York Deposit return deadline
How long does a landlord have to return a security deposit in New York?
Within 14 days after the tenant moves out, the landlord must return the deposit or provide an itemized statement of any amounts kept.
Verified Source: N.Y. Gen. Oblig. Law § 7-108(1-a)(e) · last checked 2026-10-23
How this works in New York
New York gives you just 14 days after the tenant leaves to send an itemized statement and return the rest of the deposit. Miss it and you forfeit the right to keep any of it. A willful violation can also bring punitive damages of up to twice the deposit.
Step by step in New York
- Offer the tenant a walk-through before they move out so they can fix problems first.
- Inspect the unit as soon as it is empty.
- Prepare an itemized statement showing the basis for anything you keep.
- Send the statement and the remaining deposit within 14 days after the tenant vacates.
- Keep proof of when you sent it.
Common New York mistakes to avoid
- Treating 14 days like the 30 days other states allow.
- Keeping money with no itemized statement.
- Assuming a late statement only costs you the disputed amount. You forfeit the right to keep any of the deposit.
Key deadlines and amounts in New York
| Return deadline | Within 14 days after the tenant vacates |
|---|---|
| Deposit limit | One month's rent (seasonal and owner-occupied co-op exceptions) |
| Pre-move-out inspection | No earlier than 2 weeks and no later than 1 week before the tenancy ends, on 48 hours' written notice |
| Late statement | Forfeits any right to keep any of the deposit |
| Willful violation | Punitive damages up to twice the deposit |
New York FAQ
How long does a New York landlord have to return a security deposit?
Within 14 days after the tenant has vacated, with an itemized statement of anything kept, under General Obligations Law § 7-108(1-a)(e). Miss it and you forfeit the right to keep any of the deposit.
How much can a New York landlord charge for a security deposit?
No more than one month's rent, with narrow exceptions for seasonal use units and owner-occupied cooperative apartments.
Do I have to offer a move-out inspection?
Yes. After either side gives notice to end the tenancy (unless the tenant gives less than two weeks' notice), tell the tenant in writing they can request an inspection and be present. If they ask, hold it no earlier than two weeks and no later than one week before the tenancy ends, with at least 48 hours' written notice, then give an itemized list of proposed deductions so the tenant can fix them.
What can I deduct from a New York deposit?
Only reasonable, itemized costs for unpaid rent, damage beyond normal wear and tear, unpaid utility charges payable to you under the lease, and moving and storage of the tenant's belongings. Not ordinary wear and tear or damage from a prior tenant.
Who has to prove the deductions were reasonable?
The landlord. In any dispute over the amount kept, the landlord bears the burden of proof.
Sources for this section: N.Y. Gen. Oblig. Law § 7-108(1-a)(e), (g) (checked 2026-10-15); N.Y. Gen. Oblig. Law § 7-108(1-a)(a)-(d), (f) (checked 2026-10-15)
Same topic in neighboring states
All New York landlord-tenant law · New York landlord FAQ · Security deposit limit · Notice to enter · Required lease disclosures · Required disclosures (mold, lead, radon, bedbug, asbestos, flood zone) · Move-in checklist
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