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.
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
- Confirm the deadline has passed — count 14 days from your move-out date. Use the deposit calculator to get the exact date.
- Send the demand letter above, citing N.Y. Gen. Oblig. Law § 7-108. Attach your move-out photos and checklist.
- 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.