Security Deposit Not Returned in New York City: What Can I Do?

This is not legal advice. We explain what the law says. We cannot tell you what to do in your situation. For that, talk to a lawyer. Find free legal and rent help in New York City.

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Your security deposit is your money. New York law limits how much a landlord can take and says when it must come back. This guide shows the deadlines, what the landlord may keep, and what to do if your landlord keeps your money. For more detail, including inspection rules, see the New York state guide.

  1. New York law limits your security deposit to 1 month's rent. Your landlord cannot also collect last month's rent on top of the deposit.

    New York Attorney General Rent Security Deposits; General Obligations Law § 7-108

  2. If your building has 6 or more apartments, the landlord must keep your deposit in a New York bank account that earns interest. The landlord can keep 1% of the deposit each year as a fee. 1% of a $1,000 deposit is $10. The rest of the interest belongs to you.

    New York Attorney General Rent Security Deposits; General Obligations Law § 7-103

  3. If your building is sold, the old landlord must hand your deposit to the new owner within 5 days or return it to you. The landlord must mail you the new owner's name and address.

    New York Attorney General Sale of Building; General Obligations Law Article 7, Title 1

  4. Before you move out, you can ask the landlord to inspect the apartment with you. The landlord must tell you what needs fixing or cleaning. You can then fix those things before you leave. That protects your deposit.

    New York Attorney General Getting Your Security Deposit Back; General Obligations Law § 7-108

  5. After you move out, your landlord has 14 days to return your deposit. This deadline applies to apartments that are not rent stabilized (a program that limits rent increases) or rent controlled.

    New York Attorney General Getting Your Security Deposit Back; General Obligations Law § 7-108

  6. Your landlord can only take money from the deposit for unpaid rent or for damage beyond normal wear. Normal wear means small marks from everyday living. The landlord cannot charge you for that.

    New York Attorney General Rent Security Deposits; General Obligations Law § 7-108

  7. If the landlord takes any money for damage, they must give you a list of what was taken out and why. They must do this within 14 days of your move out. If they miss that deadline, they must return the whole deposit, even if there was damage.

    New York Attorney General Getting Your Security Deposit Back; General Obligations Law § 7-108 NYC Housing Preservation and Development (HPD) Tenants' Rights FAQs: security deposit

  8. If the landlord breaks the deposit law on purpose, a court can order them to pay you up to 2 times the deposit. For example, 2 times a $1,000 deposit is $2,000. You get this money only if you win your case and your landlord pays.

    RenterLaw editorial New York Attorney General Getting Your Security Deposit Back; General Obligations Law § 7-108

  9. If your landlord keeps your deposit unfairly, you can file a free complaint with the New York Attorney General. The Attorney General's office can help you get your deposit back. You can also sue in small claims court.

    New York Attorney General Rent Security Deposits: disputes

  10. Where to get help: NYC renters can get free legal advice about a deposit fight. Call 311 and ask for the Tenant Helpline.

    NYC Housing Preservation and Development (HPD) Tenants' Rights and Responsibilities: free legal advice

Published by Nazanin · September 24, 2026 · sources checked October 5, 2026

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