Forfeiture

New York Security Deposit Laws

14 days after move-out | Potential full deposit recovery | New York GOL §7-108

Law verified March 11, 2026

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Understanding New York Security Deposit Law

New York security deposit law is governed by New York GOL §7-108, which sets out the rights and obligations of both landlords and tenants. Under this statute, your landlord has 14 days after you move out to either return your full security deposit or provide a written itemized statement of any deductions - along with the remaining balance.

If your landlord fails to meet this deadline, they forfeit their right to withhold any portion of the deposit under New York GOL §7-108. Even charges that would otherwise be legitimate become uncollectable once the window closes - the forfeiture is automatic.

This state has extra conditions in the remedy model. Treat the free result as a maximum modeled outcome, not a guaranteed court award, and review any notice, intent, coverage, or local-law issues before relying on a multiplier.

New York also requires landlords to provide a written, itemized breakdown of all deductions within the deadline window. A vague entry like “repairs” or “damages” without specific descriptions and dollar amounts is generally insufficient under New York GOL §7-108. If no proper itemization was provided on time, the deductions may be invalid regardless of their underlying merit.

Critically, New York GOL §7-108 explicitly prohibits landlords from charging for normal wear and tear - the gradual deterioration that results from ordinary, reasonable use of the property. This includes routine repainting, carpet wear from foot traffic, minor wall scuffs, and similar everyday wear. Charges for these items are not legally permitted in New York.

The sections below explain each aspect of New York deposit law in detail. If you have already received a deduction or no deposit return, our free analysis tool evaluates your specific situation against New York GOL §7-108, estimates the maximum modeled recovery, and generates a personalized demand letter.

Deadline

14days

Under New York GOL §7-108, your New York landlord has 14 days to return your security deposit from the date you move out. This deadline applies regardless of whether your landlord believes deductions are owed. If they want to make deductions, they must still respond within this window with an itemized written statement.

The 14-day clock starts on your move-out date.

Complexity note: Note: New York's deposit return rules have some case-by-case complexity. The deadline and penalty rules above represent the general standard under New York GOL §7-108, but specific circumstances, such as disputed move-out dates, lease terms, or property type, may affect your claim. Our free analysis accounts for these variables.

Penalty

A Missed Deadline Can Void Deductions

Under GOL §7-108(1-a)(e), a missed deadline can eliminate or materially limit the landlord's right to keep your deposit. The exact effect may depend on the facts and any local overlay. Failure to provide the required written itemization within fourteen days forfeits the landlord's right to retain any part of the deposit; willful violations may support additional punitive damages that are not fully modeled here.

The effect of a missed deadline can vary by fact pattern, so verify the local rule before assuming full forfeiture.

GOL §7-108(1-a)(e)

Itemization

Itemized Statement Required

New York law requires your landlord to provide an itemized written statement of any deductions within the same 14-day window. The statement must list each specific deduction with a corresponding dollar amount. A vague statement like "cleaning and repairs: $400" is generally insufficient; line items are required.

Legal Reference

Wear & Tear Protected
Primary StatuteNew York GOL §7-108
Penalty StatuteGOL §7-108(1-a)(e)
Small Claims Limit$10,000
Statute of Limitations3 years

Questions

Common questions answered.

Your New York landlord has 14 days after your move-out date to return your security deposit along with an itemized statement of any deductions. This deadline is set by New York GOL §7-108.

If your landlord misses the 14-day deadline, they forfeit the right to withhold any portion of your deposit under GOL §7-108(1-a)(e), even deductions that might otherwise have been valid.

No. New York law under New York GOL §7-108 explicitly prohibits landlords from deducting for normal wear and tear. This includes faded paint, minor scuffs, small nail holes, and carpet thinning from regular use. Deductions must be for actual damage beyond what normal living causes.

New York small claims court handles disputes up to $10,000. Most security deposit cases fall well within this limit. No attorney is required, and filing fees are typically $30–$75. Cases are usually heard within 4–8 weeks of filing.

The statute of limitations for security deposit claims in New York is 3 years from the date of the violation. Don't wait. Gather documentation and act promptly. After the statute of limitations expires, you lose your legal right to recover the deposit.

New York landlords must provide a written, itemized statement listing each deduction with a specific dollar amount. Vague descriptions like "repairs: $500" are generally insufficient; the statement should identify what was repaired and why. This itemization must be provided within 14 days.

How New York Compares

StateDeadlinePenaltySmall Claims
New YorkYou
14 daysForfeiture$10,000
30 days3×$7,000
21 days2×$5,000
20 daysForfeiture$25,000
21 days3×$12,500
30 days3×$20,000

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