Security deposit law · New York

New York security deposit return law

How long your landlord has, the statute to cite, the penalty for wrongful withholding — and a copy-paste demand letter tailored to New York. General information, not legal advice.

Return deadline14 days
StatuteN.Y. Gen. Oblig. Law § 7-108
Penalty for wrongful withholdingLandlord forfeits the right to keep any of it; up to 2× for a willful violation, plus actual damages
Key requirementThe landlord bears the burden of proving any deductions

Verify before you rely on it. Landlord-tenant law changes and cities can add stricter rules. These figures are checked against the statute, but confirm New York’s current law (or ask local legal aid or a tenants’ union) before citing it. Not legal advice.

Your New York demand letter

Fill in every [bracketed] field, then send it by certified mail with return receipt and keep a copy.

[Your full name]
[Your new mailing address]
[City, State ZIP]
[Email]  ·  [Phone]

[Date]

[Landlord or property manager name]
[Landlord mailing address]

Re: Return of security deposit — [former rental address, unit #]

Dear [Landlord name],

I was a tenant at [former rental address] under a lease that ended on
[move-out date]. I returned possession and all keys on that date and left
the unit clean and undamaged beyond normal wear and tear. My forwarding
address is above.

At move-in I paid a security deposit of $[deposit amount]. Under New York
law, N.Y. Gen. Oblig. Law § 7-108, you must return the deposit and/or provide an itemized
statement of any deductions within 14 days of move-out.
That deadline has now passed.

Please return my full deposit of $[deposit amount] within [7-10] days of
this letter. Be aware that New York law provides a penalty for wrongful
withholding: landlord forfeits the right to keep any of it; up to 2× for a willful violation, plus actual damages.

If you contend any deduction is proper, send a written, itemized statement
with copies of receipts or estimates as the statute requires. I would
prefer to resolve this directly, but I am prepared to file in small-claims
court to recover the deposit and any penalty and costs the law allows.

Sincerely,

[Signature]
[Your printed name]

What to do in New York

  1. Confirm the deadline has passed — count 14 days from your move-out date. Use the deposit calculator to get the exact date.
  2. Send the demand letter above, citing N.Y. Gen. Oblig. Law § 7-108. Attach your move-out photos and checklist.
  3. If the landlord still refuses, file in small-claims court — see the pre-suit demand and small-claims steps.

Questions

How long does a landlord have to return a security deposit in New York?

14 days, under N.Y. Gen. Oblig. Law § 7-108. The landlord bears the burden of proving any deductions. Always confirm the current statute for your situation.

What is the penalty if my New York landlord wrongfully keeps my deposit?

Landlord forfeits the right to keep any of it; up to 2× for a willful violation, plus actual damages. To claim it, send a written demand citing N.Y. Gen. Oblig. Law § 7-108, then file in small-claims court if the landlord still refuses.

Can I get my deposit back myself in New York without a lawyer?

Yes. Most deposit disputes are resolved with a clear written demand letter citing the statute and deadline, and if needed a small-claims case — no lawyer required. Use the free letter on this page.

Other states

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