How much can a landlord charge for a security deposit in New York? Learn the legal maximums, what happens if landlord overcharges, and your rights under New York GOL §7-108.
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Check My DepositNew York law under New York GOL §7-108 governs the maximum security deposit a landlord can charge. Most states cap deposits at one to two months' rent, though some have no statutory cap. Regardless of the cap, if your landlord charged more than the legal maximum, you are entitled to recover the excess amount. This is an independent violation from any deposit return dispute you may have.
If your landlord charged more than the legal maximum, you are entitled to recover the excess amount. This is an independent violation from the deposit return rules.
Check your lease: what deposit amount was charged?
Look up the legal cap in your state (typically 1–2 months' rent)
If overcharged, send a demand letter for the excess
Include this claim along with any deposit return dispute
Small claims court handles these cases — no attorney needed
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Wear & Tear ProtectedQuestions
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 law under New York GOL §7-108 governs how much a landlord can charge for a security deposit. Most states cap deposits at one to two months' rent. If your landlord charged more than the legal maximum, you may be entitled to recover the excess amount independent of any deposit return dispute.
If your landlord collected a deposit in excess of the legal limit in New York, you can send a demand letter requesting the excess back. You can also include this claim in a small claims case (up to $10,000). This violation is separate from any issue with returning the deposit at move-out.
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