Security Deposit Not Returned in New York: What Can I Do?
New York State law caps your security deposit at 1 month's rent and sets a 14 day deadline for getting it back. This page explains what your landlord can keep, the inspections you can ask for, and what to do if the money does not come back. The rules come from the General Obligations Law, changed in 2019 and again in 2025.
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Your landlord cannot charge more than 1 month's rent as a security deposit or advance. If your rent is $1,500, the most your landlord can hold is $1,500. Your landlord also cannot collect last month's rent on top of a deposit. This cap has applied since the Housing Stability and Tenant Protection Act of 2019. The cap does not apply to rent controlled units, registered seasonal rentals, owner-occupied co-op apartments, or licensed senior and assisted living residences.
New York State Attorney General Security Deposits New York State Senate GOL § 7-108(1-a)(a) New York State Attorney General Capping Security Deposits✓ Sources checked September 22, 2026
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The same 1 month cap applies if your apartment is rent stabilized. If your rent goes up at renewal, your landlord can ask you to add money so the deposit matches the new rent. Since November 15, 2025, rent stabilized tenants also have the same inspection and 14 day return rights described on this page. Check the New York City guide for details.
✓ Sources checked September 22, 2026
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If your building has 6 or more units, your landlord must put the deposit in an interest-bearing account at a New York bank. Your landlord must tell you in writing the bank's name and address and the amount deposited. Your landlord may keep 1% of the deposit each year as a fee. The rest of the interest is yours. Example: on a $1,000 deposit earning 1.5%, the interest is $15, the landlord keeps $10, and you get $5.
✓ Sources checked September 12, 2026
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After you sign the lease but before you move in, your landlord must offer you a chance to inspect the home together. If you ask for this move-in inspection, you and your landlord must sign a written agreement listing any existing damage before you move in. When you move out, your landlord cannot keep any of your deposit for damage listed in that agreement. Ask for the move-in inspection in writing and keep a copy of the signed agreement.
✓ Sources checked September 23, 2026
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Your landlord may keep only reasonable, itemized costs for 4 things. The first is unpaid rent. The second is damage you caused beyond normal wear and tear (normal use over time, like faded paint or small nail holes). The third is utility bills (water, electric, gas) you owed directly to the landlord under the lease. The fourth is moving or storing your belongings. Your landlord cannot charge you for normal wear from living there. Your landlord cannot charge you for damage a past tenant caused.
✓ Sources checked September 12, 2026
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If you ask for a move-out inspection, it must happen no earlier than 2 weeks and no later than 1 week before your tenancy ends. Your landlord must give you at least 48 hours' written notice of the date and time.
✓ Sources checked September 23, 2026
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After the move-out inspection, your landlord must give you an itemized list of any repairs or cleaning they plan to deduct. You then have until move-out to fix those items yourself.
✓ Sources checked September 23, 2026
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Within 14 days after you move out, your landlord must send you an itemized statement of anything kept and return the rest of the deposit. The clock starts the day you leave the home. Give your landlord your new address in writing so the money and the statement can reach you.
RenterLaw editorial New York State Attorney General Getting Your Security Deposit Back New York State Senate GOL § 7-108(1-a)(e)✓ Sources checked September 20, 2026
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If your landlord misses the 14 day deadline for the itemized statement and the refund, the landlord loses the right to keep any of it. That is true even if there was real damage. You can then demand the full amount.
New York State Attorney General Getting Your Security Deposit Back New York State Senate GOL § 7-108(1-a)(e)✓ Sources checked September 12, 2026
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If the deposit is not returned, first ask your landlord for it in writing, with your move-out date. Then you can sue in small claims court without a lawyer. The limit is $10,000 in New York City and $5,000 in Nassau and western Suffolk counties. Elsewhere, it is $5,000 in city courts and $3,000 in town and village courts. You get this money only if you win your case and your landlord pays. You can file a rent security complaint with the Attorney General's Bureau of Consumer Frauds and Protection.
RenterLaw editorial New York State Attorney General Getting Your Security Deposit Back New York State Unified Court System Small Claims✓ Sources checked September 23, 2026
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If you go to court over how much of the deposit your landlord kept, your landlord must prove the amount kept was reasonable. A landlord who breaks New York's deposit return rules must pay your actual losses. If the court finds the landlord broke them on purpose, it can add a penalty of up to 2 times the deposit. On a $1,500 deposit, that is up to $3,000 extra. You get this money only if you win your case and your landlord pays.
✓ Sources checked September 23, 2026
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You cannot give up these rights. If your lease has a clause that changes or removes them, the court will not enforce it.
✓ Sources checked September 12, 2026
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If your building is sold, your old landlord has 5 days to hand your deposit to the new owner or return it to you. Your old landlord must also tell you by registered or certified mail who now holds it and their address. The new owner is then responsible for returning it.
✓ Sources checked September 22, 2026
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This deposit transfer rule does not apply if your lease says something different. A landlord who does not follow it commits a misdemeanor (a crime).
✓ Sources checked September 22, 2026
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Keep your lease and deposit receipt: they prove the deposit exists if the new owner says there is no record of it.
✓ Sources checked September 22, 2026
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