New York · Security Deposits

Security Deposit Not Returned in New York: 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.

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.

What the law says

  1. 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 add last month's rent on top of the deposit. This rule started in 2019, under the Housing Stability and Tenant Protection Act. It does not cover rent controlled units, registered seasonal rentals, owner-occupied co-op apartments, or licensed senior and assisted living homes.

    Sources:
    1. Security Deposits, New York Attorney General. A government guide.
    2. GOL § 7-108(1-a)(a), New York State Senate. Law.
    3. Capping Security Deposits, New York State Attorney General. A government guide.

  2. The same 1 month cap applies if your apartment is rent stabilized (a status that limits how much your landlord can raise the rent). 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, these tenants also have the same inspection and 14 day return rights described on this page. Check the New York City guide for details.

    Sources:
    1. GOL § 7-107(4)-(6), New York State Senate. Law.
    2. Fact Sheet #9, New York State Homes and Community Renewal. A government guide.

  3. 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:
    1. Security Deposits, New York Attorney General. A government guide.
    2. GOL § 7-103(2), New York State Senate. Law.

  4. 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:
    1. Our editorial rules.
    2. GOL § 7-108(1-a)(c), New York State Senate. Law.

  5. Your landlord may keep only reasonable costs for 4 things, each one listed with what it was for. 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 bills for utilities (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.

    Source:
    1. GOL § 7-108(1-a)(b), New York State Senate. Law.

  6. Within 14 days after you move out, your landlord must send you a list of what they kept and why. They must also 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 list can reach you.

    Sources:
    1. Our editorial rules.
    2. Getting Your Security Deposit Back, New York Attorney General. A government guide.
    3. GOL § 7-108(1-a)(e), New York State Senate. Law.

  7. You cannot give up these rights. If your lease has a clause that changes or removes them, the court will not enforce it.

    Sources:
    1. GOL § 7-108(3), New York State Senate. Law.
    2. GOL § 7-103(3), New York State Senate. Law.

  8. 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:
    1. Sale of Building, New York Attorney General. A government guide.
    2. GOL § 7-105(2)-(3), New York State Senate. Law.

  9. 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).

    Source:
    1. GOL § 7-105(2)-(3), New York State Senate. Law.

Ask for your deposit back

  1. If you ask for a move-out inspection, it must happen no earlier than 2 weeks and no later than 1 week before you move out. Your landlord must give you at least 48 hours' written notice of the date and time.

    Source:
    1. GOL § 7-108(1-a)(d), New York State Senate. Law.

  2. After the move-out inspection, your landlord must give you a list of any repairs or cleaning they plan to take out of your deposit. You then have until you move out to fix those items yourself.

    Source:
    1. GOL § 7-108(1-a)(d), New York State Senate. Law.

  3. Keep your lease and deposit receipt: they prove the deposit exists if the new owner says there is no record of it.

    Source:
    1. GOL § 7-108(2)(c), New York State Senate. Law.

If your landlord does not pay

  1. Your landlord has a 14 day deadline for the list of what was kept and for the refund. If your landlord misses it, 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.

    Sources:
    1. Getting Your Security Deposit Back, New York Attorney General. A government guide.
    2. GOL § 7-108(1-a)(e), New York State Senate. Law.

Going to court

  1. 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.

    Sources:
    1. Our editorial rules.
    2. Getting Your Security Deposit Back, New York Attorney General. A government guide.
    3. Small Claims, New York State Unified Court System. A government guide.

  2. 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:
    1. Our editorial rules.
    2. GOL § 7-108(1-a)(f), New York State Senate. Law.

Published by Nazanin, September 24, 2026. Sources checked September 12, 2026. Is something on this page wrong or out of date? Tell us.