Security Deposits in New York City
Your security deposit is your money. New York law says how much a landlord can take, how they must hold it, and when they must give it back. This guide shows the deadlines, the dollar limits, and what to do if your landlord keeps your money.
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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.
✓ Sources checked August 23, 2026
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Your deposit stays your money while the landlord holds it. The landlord must keep it separate from their own money.
✓ Sources checked August 23, 2026
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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.
✓ Sources checked August 23, 2026
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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.
✓ Sources checked August 23, 2026
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After you move out, your landlord has 14 days to return your deposit. This deadline applies to apartments that are not rent stabilized or rent controlled.
✓ Sources checked August 23, 2026
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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.
✓ Sources checked August 23, 2026
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If the landlord takes any money for damage, they must give you an itemized list of each charge 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 State Attorney General Getting Your Security Deposit Back; General Obligations Law § 7-108 NYC Housing Preservation and Development (HPD) Tenants' Rights FAQs: security deposit✓ Sources checked August 23, 2026
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If the landlord breaks the deposit law on purpose, a court can order them to pay you up to 2 times the deposit.
✓ Sources checked August 23, 2026
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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.
✓ Sources checked August 23, 2026
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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.
✓ Sources checked August 23, 2026
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Where to get help: NYC renters can get free legal advice about a deposit fight. Call 311 and ask for the Tenant Helpline.
✓ Sources checked August 23, 2026
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If the deposit fight turns into an eviction case, you can get a free lawyer through NYC's Right to Counsel program. Call 311 and ask for the Right to Counsel. It is free in every ZIP code, no matter your immigration status.
✓ Sources checked August 23, 2026
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If losing the deposit money creates a housing emergency, you can apply for a One Shot Deal cash grant from NYC HRA. Apply online through ACCESS HRA or call 718-557-1399.
✓ Sources checked August 23, 2026
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