New York security deposit law: the 14-day rule and the one-month cap

The rule

Within 14 days after you vacate, the landlord must give an itemized statement of any amount retained and return the balance. Missing that deadline forfeits the right to keep any part of the deposit. Deposits are capped at one month’s rent, and the landlord bears the burden of proving a deduction was reasonable. NY Gen. Oblig. Law § 7-108. As of November 15, 2025, S952B extended the same protections to rent-stabilized units, which had been outside § 7-108 (see § 7-107).

A willful violation can support punitive damages of up to twice the deposit, in addition to actual damages. NY Gen. Oblig. Law § 7-108(1-a)(g).

Where a claim goes

Claims are filed in Small Claims Court — part of the Civil Court in New York City, or a town or village court elsewhere. The limit is $10,000 in the New York City Civil Court, and town and village courts outside the city have lower limits, so the correct forum depends on where the rental is. Filing fees are tiered and modest — roughly $15 to $20 — and evening sessions are common.

Why New York is worth special attention

Two features make New York deposits distinctive: the 14-day clock is shorter than almost anywhere else, and the burden of proof sits with the landlord rather than with you. That means a landlord who wants to keep part of the deposit has to be able to justify it — not simply assert it.

Common questions

How long does a New York landlord have to return a deposit?

14 days after you vacate, under NY Gen. Oblig. Law § 7-108 — one of the shortest deadlines in the country.

Who has to prove the deduction was fair?

In New York the landlord bears the burden of proving that a deduction was reasonable, which is a meaningful difference from states where the tenant must challenge the amount.

Is this legal advice?

No. This page is general information about New York law, with sources, and is not tailored to your situation.