New York Security Deposit Limits and Return Timing

Understanding your rights as a renter in New York empowers you to make informed decisions about your housing. If you're paying a security deposit, knowing the deposit limits and how (and when) it should be returned can protect your finances. This guide explains New York's security deposit laws, official forms, timelines, and where to get help if issues arise.

How Much Can a Landlord Collect for a Security Deposit in New York?

Under current New York law, landlords can require no more than one month's rent for a security deposit—no more, even if you have pets or rent through a broker. This applies to nearly all residential rentals, including apartment buildings and single-family homes, except some owner-occupied small rentals (with certain exceptions).

• Limit: One month’s rent maximum for security deposit
• This includes any additional "pet deposits" or extra charges (they’re all counted as part of the one month limit)

For more details, see New York’s Real Property Law § 7-108 governing security deposits.

Return Deadlines and Deductions

Landlords in New York must return the security deposit—minus any valid deductions—within 14 days after you move out and return the keys. If deductions are made (such as for unpaid rent or repair of damage beyond normal wear and tear), the landlord must give you an itemized statement detailing each deduction.

• Deadline: 14 days from move-out and key return for deposit and statement
• If your deposit isn’t returned and you don’t receive a statement listing deductions in 14 days, the landlord forfeits any claim to the deposit
• Landlords may only deduct for legitimate costs (e.g., unpaid rent, damage outside of normal use)
• Deposits must be kept in a separate bank account and cannot be mixed with the landlord’s own funds

What If You Don’t Get Your Deposit Back?

If your security deposit isn’t returned in the 14-day window, you can send a formal demand letter or seek help from New York’s housing authorities or courts. Official resources and steps are outlined below.

Official Forms and Practical Steps

• Security Deposit Demand Letter: While New York State does not have a single required statewide form, renters can use a written "Demand Letter for Return of Security Deposit" to formally request their deposit.
  Example: If your landlord hasn't sent your deposit back within 14 days, mail or email this letter requesting the return. Templates are available from New York State Attorney General's office: Tenants' Rights Guide Appendix B (see page 37).

• Small Claims Court Filing Forms: If your demand is ignored, you can file a claim for your deposit in your local civil court (Small Claims Court for amounts up to $10,000).
  • For New York City: NYC Civil Court Small Claims Forms
  • For outside NYC: Find your local court and forms
  Example: If your landlord ignores your letter, file a claim using the court’s statement of claim form, listing the amount owed.

The official body handling disputes is the New York City Housing Court (for NYC renters), or your local District or City Court (elsewhere).

Key Legislation You Should Know

• Real Property Law § 7-108 (Security Deposits for Residential Dwelling Units)
• NYS Attorney General’s Landlord-Tenant Resource Page

FAQ: Security Deposits for New York Renters

1. What is the maximum security deposit my landlord can require?
   Landlords in New York can request only up to one month’s rent as a security deposit, including any pet or additional deposits.
2. When must my landlord return my deposit?
   The deposit and an itemized list of deductions (if any) must be sent to you within 14 days after you move out and hand over the keys.
3. What happens if my landlord misses the 14-day deadline?
   If you do not receive your deposit or a written list of deductions within 14 days, your landlord loses the right to keep any part of your deposit.
4. What can I do if I think unfair deductions were made?
   You can send a formal demand for return, then file a claim in Small Claims Court if needed. Keep all relevant evidence, like photos and receipts.
5. Who enforces security deposit rules in New York?
   For disputes, renters can contact New York Housing Courts or the NYS Attorney General’s office for information or to pursue claims in court.

Key Takeaways for New York Renters

• Landlords cannot demand more than one month’s rent as a security deposit.
• Your deposit (and a list of any deductions) must be returned within 14 days of moving out.
• If your landlord fails to comply, you have options, including court action.

Always keep documentation and learn your rights to ensure your deposit is rightfully returned.

Need Help? Resources for Renters

• New York State Attorney General: Landlord/Tenant Help – Tenant rights resources and complaint forms
• NYC Department of Housing Preservation & Development – Tenant advocacy and housing help in New York City
• New York City Housing Court – File and manage disputes in New York City
• NYS Town & Village Courts – Small Claims information for renters outside NYC

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1. New York Real Property Law § 7-108
2. NY Attorney General’s Tenants’ Rights Guide
3. NYC Housing Court Official Website
4. Small Claims Court Official Forms (NY Courts)

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