New York strengthened its tenant protections significantly with the 2019 Housing Stability and Tenant Protection Act. Security deposits are now capped at one month’s rent statewide, and landlords who wrongfully withhold deposits can face double damages.

The Short Answer

New York landlords may charge a maximum of one month’s rent as a security deposit. They must return it — with an itemized statement of any deductions — within 14 days of you vacating. Landlords who fail to comply may lose the right to any deductions and can be liable for double damages.

The 1-Month Security Deposit Cap

Under New York General Obligations Law § 7-108 (as amended by the 2019 Housing Stability and Tenant Protection Act):

Landlords may not require a security deposit of more than one month’s rent
This applies statewide, including New York City
Landlords cannot charge additional fees for pets, keys, or other purposes if it would cause the total upfront money to exceed one month’s rent

The 14-Day Return Deadline

After you vacate, your landlord has 14 days to either:

Return your full deposit, or
Provide a written, itemized statement of deductions and return the remaining balance

The itemized statement must specify the reason for each deduction and the amount. A vague statement like “cleaning” without an amount is not sufficient.

Pre-Inspection Right

Like California, New York law requires landlords to offer you an inspection within a “reasonable time” before you vacate (typically within two weeks of your notice to vacate). You have the right to be present, and the landlord must provide a written statement of conditions that could result in deductions, giving you the opportunity to fix them before moving out.

Landlords who fail to offer this inspection may lose certain deduction rights.

What Can a New York Landlord Legally Deduct?

Allowable deductions include:

Unpaid rent
Damage beyond normal wear and tear
Cleaning if the unit was left dirtier than when you moved in

What Is Normal Wear and Tear in New York?

Normal wear and tear (cannot deduct):

Small nail holes
Minor wall scuffs from normal use
Worn carpet from regular foot traffic
Faded paint from sunlight exposure

Damage (can deduct):

Large holes in walls
Stained or burned carpet
Broken tiles, fixtures, or appliances
Damage from pets or smoking (in non-smoking units)

Consequences for Landlords Who Violate the Law

If your landlord fails to return the deposit or provide an itemized statement within 14 days, they may be liable for:

The full deposit amount (even if some deductions might have been legitimate)
Double damages (up to twice the deposit amount) if the withholding is found to be in bad faith

New York courts take these violations seriously, especially in New York City where tenant protections are enforced vigorously.

NYC-Specific Rules

For apartments subject to rent stabilization in New York City, additional rules apply regarding deposit handling, interest, and return procedures. If you’re in a rent-stabilized apartment, contact the NYC Rent Guidelines Board or a tenant advocacy organization for guidance specific to your situation.

How to Get Your Deposit Back in New York

Request a pre-move-out inspection in writing a few weeks before you leave
Document everything with photos/video before and after
Provide a forwarding address in writing to your landlord
Wait 14 days after vacating — then send a demand letter if the deposit isn’t returned
File in New York Small Claims Court — limit is $10,000 in NYC Civil Court, $5,000 in other counties

Key Statutes

New York General Obligations Law § 7-108: Read at NY Senate website
2019 Housing Stability and Tenant Protection Act: Amended multiple sections governing tenant-landlord relations

Real Situations in New York

The 2019 Housing Stability and Tenant Protection Act (HSTPA) fundamentally changed New York security deposit law. The most important change: the 14-day return deadline. Before 2019, New York had no specific return deadline in most cases. Now landlords have just 14 days after move-out to return the deposit with an itemized statement of deductions, or forfeit the right to make any deductions and become liable for double damages.

Many landlords — particularly smaller ones outside New York City — are still operating on pre-2019 assumptions. If your landlord tells you “I have 30 days” or sends a deposit accounting five weeks after move-out, they are likely in violation of the HSTPA. The 14-day rule applies statewide, not just in NYC.

Within New York City, the unique density and tenancy turnover creates specific dispute patterns. Landlords who retain deposits in high-rent buildings face significant exposure because double damages on a $3,000 deposit (two months’ rent on a $1,500/month apartment) means the tenant can recover $6,000 plus fees. Many NYC tenants who know their rights demand the maximum penalty, making post-HSTPA deposit disputes in NYC among the most tenant-favorable in the country.

Common Mistakes New York Tenants Make

Not documenting the unit at move-in and move-out. New York landlords are required to provide a written statement of pre-existing damage at move-in. If they don’t, they are barred from deducting for that damage later. But tenants should document independently anyway — timestamped photos and video on your move-in date create a record that’s harder to dispute than a landlord’s own inspection report.

Not following up in writing after the 14-day deadline passes. The 14-day clock runs from the date you vacate and return the keys. Once it passes, send a written demand immediately — noting the deadline has passed, demanding full return of the deposit, and citing General Obligations Law § 7-108. The written demand is your evidence that you asserted your rights promptly.

Accepting less than you’re owed to avoid conflict. New York’s double damages provision means a landlord who wrongfully withheld $2,000 owes you $4,000. Many tenants negotiate informally and accept $1,500. Know what you’re entitled to before you agree to any settlement.

Tenant Rights Guide: Know Your Rights in Every State — the complete hub for tenant protections, eviction laws, and landlord obligations
New York Eviction Notice Requirements — what your landlord must do before starting eviction proceedings in New York
New York Small Claims Court — how to sue your landlord for a wrongfully withheld deposit without a lawyer
New York Wage Theft Laws — New York wage laws, overtime rights, and how to recover unpaid wages
New York Tenant Rights Guide — complete tenant rights guide for New York renters

This article is for informational purposes only and does not constitute legal advice. Always verify current rules at the source linked above or consult a licensed New York attorney. Last reviewed: March 2026.

New York Security Deposit Laws: 1 Month Limit and 14-Day Return Rule