State Law Guide · Updated January 2026
Your landlord's deductions may not hold up under state law.
New York Security Deposit Laws
Under New York General Obligations Law § 7-108, New York landlords must return security deposits within 14 days of a tenant moving out. Landlords who wrongfully withhold deposits face penalties of up to Up to 2x the deposit wrongfully withheld (bad faith).
Quick Answer
In New York, landlords have 14 days to return your security deposit after you move out and provide a forwarding address. The maximum deposit is 1 month's rent. If your landlord wrongfully withholds your deposit, you can sue in Small Claims Court (up to $10,000) and may recover Up to 2x the deposit wrongfully withheld (bad faith) under New York General Obligations Law § 7-108. Landlords must provide an itemized statement of deductions.
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What New York Law Requires
Return Deadline
Landlords have exactly 14 days to return your deposit after you move out. If they make deductions, they must provide an itemized statement explaining each charge with documentation.
Penalties for Violations
Landlords who wrongfully withhold deposits face Up to 2x the deposit wrongfully withheld (bad faith). You can file in small claims court for amounts up to $10,000without needing an attorney.
Your landlord was required to follow these rules exactly. If they didn't, you may be owed your full deposit back — plus penalties. A generic complaint gets ignored. A letter citing New York General Obligations Law § 7-108 deadlines and HUD depreciation schedules gets results. Upload their deduction letter to find out.
Common Deductions Landlords Make
Federal guidelines from HUD and the IRS establish "useful life" standards that limit what landlords can charge. Many common deductions are partially or fully invalid under these guidelines.
Carpet Replacement
Typical: $800-2,5005-year useful life per HUD MAP Guide Appendix 5C. Charges may be reduced or invalid based on how long you lived there.
Interior Paint
Typical: $400-1,5003-year useful life per HUD Handbook 4350.1. Charges may be reduced or invalid based on how long you lived there.
Appliance Replacement
Typical: $500-2,00015-year useful life per IRS Publication 527. Charges may be reduced or invalid based on how long you lived there.
How It Works
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Each deduction checked against New York law and HUD guidelines
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Get a Demand Letter That Cites These Laws
Our tool analyzes your landlord's deductions against New York General Obligations Law § 7-108 and federal HUD guidelines, then generates a formal demand letter you can send immediately.
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HUD/IRS Citations
Useful life depreciation built in
"I couldn't believe it — my landlord never put my deposit in an interest-bearing account. That alone was a violation. Got my full deposit plus interest."
— Upstate NY
$19 to recover up to $2,200. That's a 115x return.
Frequently Asked Questions
How long does a New York landlord have to return my deposit?
New York landlords have 14 days after you move out to return your deposit. This strict deadline applies statewide.
What is the deposit limit in New York?
Since 2019, New York caps deposits at 1 month's rent statewide. Additional advance rent cannot exceed 1 month.
Does my New York landlord have to pay interest?
Landlords of buildings with 6 or more units must put deposits in interest-bearing accounts and pay you the interest (minus 1% admin fee) annually. Smaller buildings are exempt from the interest requirement.
Have your landlord's deduction letter handy?
What changed with the 2019 HSTPA reforms?
The Housing Stability and Tenant Protection Act capped deposits at 1 month, shortened return to 14 days, and strengthened rent-stabilized tenant protections.
City-Specific Rules
Some New York cities have additional tenant protections:
- New York City: Rent stabilization for many units. HPD oversees housing complaints. Strong tenant advocacy.
- Buffalo: Additional tenant protections through city ordinances.
Official Resources
- New York Attorney General Tenant Rights(Government)
- NYC HPD (Housing Preservation)(Government)
- Met Council on Housing (NYC)(Legal Aid)
Compare Other States
See how New York's security deposit laws compare to nearby states:
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Average New York deposit: $2,200 · Based on New York General Obligations Law § 7-108 · HUD Handbook 4350.1 · IRS Publication 527