See how New York and Texas compare on deadlines, penalties, and tenant protections - so you know exactly where you stand.
Deadline
Penalty
WNT Protection
Small Claims
Green badges highlight the rule that's better for tenants in each category.
| Category | New York | Texas |
|---|---|---|
| Deposit Return Deadline | 14 daysBetter for Tenants | 30 days |
| Deadline Trigger | After move-out | After move-out |
| Penalty Type | Full forfeiture | 3x depositBetter for Tenants |
| Penalty Condition | AutomaticBetter for Tenants | Bad faith |
| Itemization Required | Yes | Yes |
| Itemization Deadline | 14 daysBetter for Tenants | 30 days |
| Wear & Tear Protection | Yes | Yes |
| Small Claims Limit | $10,000 | $20,000Better for Tenants |
| Statute of Limitations | 3 yrsBetter for Tenants | 2 yrs |
| Primary Statute | New York GOL §7-108 | Texas Property Code §92.103 |
New York GOL §7-108
Texas Property Code §92.103
New York generally offers stronger tenant protections across deadline, penalty, and procedural categories. However, both states have meaningful protections and outcomes depend on your specific situation.
In New York, landlords must return your security deposit within 14 days after move-out. In Texas, the deadline is 30 days after move-out. Missing these deadlines can trigger penalties for the landlord.
New York: Potential full deposit recovery (automatic violation). Texas: Up to 3x your deposit (bad faith violation). Always document your move-out carefully to support a claim.
Yes - both New York and Texas prohibit landlords from deducting normal wear and tear from your security deposit. Only actual damage beyond normal use can be deducted.
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