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New York security deposit law

Did your landlord keep your deposit? Here's what New York law requires — and what they owe you if they broke it.

Return deadline
14 days
Max penalty
2x withheld
Small claims limit
$5,000.00

The deadline

Under N.Y. Gen. Oblig. Law § 7-108, your landlord must return your deposit or send an itemized list of deductions within 14 days after you move out.

If they miss it or withhold in bad faith

Forfeiture of right to retain; up to twice the deposit for willful violation.

Deductions that usually aren't allowed

  • Normal wear and tear (faded paint, light carpet wear, small nail holes)
  • Routine repainting or carpet cleaning between tenants
  • Damage that existed before you moved in
  • Charges with no receipts or itemization

How to get it back

Send a formal demand letter by certified mail citing N.Y. Gen. Oblig. Law § 7-108, give the landlord 14 days to pay, then file in New York small claims court (up to $5,000.00) if they don't.

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Informational only, not legal advice. Verify current law before relying on it.