New York Security Deposit Law: The One-Month Cap and 14-Day Return Rule
Most guides to New York’s security deposit rules are years out of date. Since 2019, this isn’t a patchwork of city rules anymore — state law caps the deposit and sets a hard deadline for getting it back, and it applies far beyond New York City.
The 2019 law that changed everything: one month’s rent, statewide
The Housing Stability and Tenant Protection Act (HSTPA) of 2019 added General Obligations Law §7-108, which caps most residential security deposits at one month’s rent, statewide — not just in New York City, and not just in rent-stabilized units. If your deposit was more than one month’s rent, it likely violated this cap.
The deadline: 14 days, with a forfeiture rule
A landlord has 14 days after you vacate to return the deposit along with a written itemized statement of any deductions. Miss that window, and the law is unusually direct about the consequence:
In New York, missing the 14-day deadline means the landlord forfeits the right to retain any part of the deposit — even for real, documented damage.
That’s a stronger rule than most states. It’s not just a delay penalty — documented damage becomes irrelevant if the landlord doesn’t move within 14 days.
What the itemized statement needs to show
A specific description and dollar figure for each item withheld. General language like “cleaning fee” with no further detail does not satisfy the requirement, and you can push back on it as insufficient documentation.
A forwarding address isn’t required for the clock to start
Unlike some states, New York’s 14-day clock runs from the date you actually vacate, not from when you provide a new address. Don’t let a landlord tell you the clock hasn’t started because they don’t have your new address on file.
What to do if 14 days pass
- Send a written demand citing General Obligations Law §7-108 and the date you vacated
- Point out specifically that the 14-day window has passed and the right to itemize has been forfeited
- If your original deposit was more than one month’s rent, flag that separately — it’s a distinct violation
- Small claims court (up to $10,000 in NYC, varies elsewhere in the state) is available without a lawyer
Not sure exactly how many days have passed, or what your landlord actually owes you? Run the numbers in our free security deposit calculator — it does the date math and flags whether your landlord has already blown the deadline.
If you do receive an itemized statement and want to challenge specific line items, our deposit dispute guide walks through the process.
Quick reference
- Since HSTPA 2019, deposits are capped at one month’s rent statewide, not just in NYC
- Landlord has 14 days after move-out to return the deposit and send an itemized statement
- Missing the 14-day deadline forfeits the right to retain any part of the deposit
- The clock starts when you vacate, regardless of whether you’ve given a forwarding address
This article is general information for renters, not legal advice. Landlord-tenant law changes, and city or county ordinances can add rules on top of state law. Confirm specifics with a local tenant rights organization or attorney before acting.
