New York Security Deposit Law: One Month's Rent Max, Back Within 14 Days

The core rules

New York’s deposit rules for residential units are in section 7-108(1-a) of the General Obligations Law.

Rule	Detail	Statute
Maximum deposit	One month’s rent	§7-108(1-a)(a)
Return deadline	Itemized statement + remaining deposit within 14 days after you vacate	§7-108(1-a)(e)
Missed deadline	Landlord forfeits any right to retain any portion of the deposit	§7-108(1-a)(e)
Burden of proof	On the landlord, for the reasonableness of any amount kept	§7-108(1-a)(f)
Penalty	Actual damages; for a willful violation, punitive damages up to twice the deposit	§7-108(1-a)(g)

These rules do not apply to units under the city rent and rehabilitation law or the emergency housing rent control law, and certain senior and care communities. Seasonal-use units and owner-occupied cooperative apartments have their own provisions.

Work out your 14-day deadline with the calculator

What can be deducted

The landlord may keep only reasonable, itemized costs for (§7-108(1-a)(b)):

unpaid rent
damage caused by the tenant beyond normal wear and tear
unpaid utility charges payable directly to the landlord under the lease
moving and storing the tenant’s belongings

The landlord may not keep anything for ordinary wear and tear or for damage caused by a prior tenant.

Inspections: use them

Move-in: after signing but before you move in, the landlord must offer you an inspection. If you ask for one, you both sign a written record of existing defects, and nothing on that record can later be deducted (§7-108(1-a)(c)).
Move-out: once either side gives notice to end the tenancy, the landlord must tell you in writing that you can ask for an inspection and be present. It takes place between two weeks and one week before the end, with at least 48 hours’ written notice. You then get an itemized list of proposed deductions and a chance to fix them before you leave (§7-108(1-a)(d)). This does not apply if the tenant ends the tenancy with less than two weeks’ notice.

Late fees and application fees

Fee	Limit	Statute
Late fee	Only if rent is unpaid 5 days after the due date; no more than $50 or 5% of the monthly rent, whichever is less	RPL §238-a(2)
Background and credit check	No more than the actual cost or $20, whichever is less; waived if you provide a check from the past 30 days	RPL §238-a(1)(b)
Other fees before or at the start of the tenancy	Not allowed, except as statutes or regulations provide	RPL §238-a(1)(a)

With $2,400 rent, 5% is $120, so the late fee cap is $50. With $800 rent, it is $40.

Late fee limits compared: Texas, New York, North Carolina

Notice of a rent increase of 5% or more, or non-renewal

If the landlord plans to raise the rent by 5% or more on renewal, or not to renew, written notice is required (RPL §226-c). The notice period depends on how long you have lived there or your lease term, whichever is longer:

Occupancy or lease term	Minimum notice
Less than 1 year	30 days
1 year to less than 2 years	60 days
2 years or more	90 days

If the landlord gives notice late, your tenancy continues on the existing terms until the notice period, counted from the actual written notice, has run.

Common questions

Q. Does the 14-day rule apply to rent-controlled apartments?

A. Subdivision 1-a, which contains the 14-day rule and the one-month cap, excludes units subject to the city rent and rehabilitation law or the emergency housing rent control law. Check §7-108 for the rules that apply to those units.

Q. It has been 20 days and I got nothing. Now what?

A. Under §7-108(1-a)(e) the landlord has forfeited the right to keep any part of the deposit. Send a written demand and keep a copy.

Write a security deposit demand letter citing §7-108