How Long Does a Landlord Have to Return a Security Deposit in New York? (14 Days)

In New York, a landlord has 14 days after the day the tenant vacates to return the security deposit. The rule is N.Y. Gen. Oblig. Law § 7-108. If the landlord keeps any part of it, the same deadline applies to the written, itemized list of deductions.

What N.Y. Gen. Oblig. Law § 7-108 requires

• Return deadline: 14 days after the day the tenant vacates.
• Itemized deductions: required in writing. Since 2019 the landlord must return the deposit with an itemized statement within 14 days of move-out, and must offer a pre-move-out inspection.
• Forwarding address: not a statutory condition of getting the deposit back.
• Penalty for wrongful withholding: A landlord who willfully violates the statute forfeits the right to withhold and may owe punitive damages of up to twice the deposit.
• Deposit cap: One month's rent.
• Interest: Buildings with six or more units: the deposit must be held in an interest-bearing New York bank account; the landlord may keep 1% as an administrative fee.
• Small claims limit: $10,000. The $10,000 figure is the New York City Civil Court’s limit, not a statewide one. N.Y. City Civ. Ct. Act § 1801 defines a small claim as a cause of action “for money only not in excess of ten thousand dollars exclusive of interest and costs,” and only where the defendant resides, has an office for the transaction of business or regular employment within the City of New York, or — for a claim about a tenancy — the rental property is situated within the City of New York. A deposit claim over a rental outside the city is filed in a district, city, town or village court, where the small claims limit is lower. Check the limit of the court you would actually file in.
• Statute: N.Y. Gen. Oblig. Law § 7-108.

How to count the 14 days

The clock starts at the day the tenant vacates, not at the day you signed the lease or the day the landlord got around to inspecting. Keep proof of the date you handed back the keys; that is the date a court will ask about. Count calendar days, including weekends.

What happens if the landlord is late

A landlord who willfully violates the statute forfeits the right to withhold and may owe punitive damages of up to twice the deposit. New York small claims court hears claims up to $10,000, so the deposit and the penalty usually fit in one filing. The $10,000 figure is the New York City Civil Court’s limit, not a statewide one. N.Y. City Civ. Ct. Act § 1801 defines a small claim as a cause of action “for money only not in excess of ten thousand dollars exclusive of interest and costs,” and only where the defendant resides, has an office for the transaction of business or regular employment within the City of New York, or — for a claim about a tenancy — the rental property is situated within the City of New York. A deposit claim over a rental outside the city is filed in a district, city, town or village court, where the small claims limit is lower. Check the limit of the court you would actually file in.

What to do on day 15

1. Write down the date the clock started (the day the tenant vacates) and the date the 14-day deadline passed.
2. Send a dated, written demand that cites N.Y. Gen. Oblig. Law § 7-108, states the deposit amount, and names what New York lets you recover (2x the amount wrongfully withheld).
3. Send it by a method you can prove, such as certified mail, and keep a copy.
4. If nothing arrives, file in small claims court with the lease, the move-out date, and the demand letter as exhibits.

Frequently Asked Questions

Q: Does the 14-day clock start when I move out or when the lease ends?
A: It starts at the day the tenant vacates. If those are different days, the later one is the safer date to count from, and the date you can document is the one that matters.

Q: Do I have to give my landlord a forwarding address in New York?
A: N.Y. Gen. Oblig. Law § 7-108 does not make a forwarding address a condition of getting the deposit back, but the landlord still has to know where to send it. Give one in writing anyway so a late return cannot be blamed on you.

Q: Can I sue my landlord in small claims court for my New York deposit?
A: Yes. New York small claims court hears claims up to $10,000, which covers most deposits plus the statutory penalty. The $10,000 figure is the New York City Civil Court’s limit, not a statewide one. N.Y. City Civ. Ct. Act § 1801 defines a small claim as a cause of action “for money only not in excess of ten thousand dollars exclusive of interest and costs,” and only where the defendant resides, has an office for the transaction of business or regular employment within the City of New York, or — for a claim about a tenancy — the rental property is situated within the City of New York. A deposit claim over a rental outside the city is filed in a district, city, town or village court, where the small claims limit is lower. Check the limit of the court you would actually file in. A dated written demand that cites N.Y. Gen. Oblig. Law § 7-108 is the usual first exhibit.

Sources Checked

• N.Y. Gen. Oblig. Law § 7-108 (the New York statute cited above)
• LeaseLenses New York deposit and notice data set, last reviewed 2026-09-19; the same data powers the New York document tools
• New York landlord-tenant overview and the New York deposit rules page

This page is general legal information for New York, not legal advice. Statutes change; read the current text before relying on a deadline in court.