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Security DepositMay 27, 2026
New York Security Deposit Return Rules: The 14-Day Deadline Under General Obligations Law § 7-108
New York gives landlords just 14 days to return your deposit. The HSTPA caps deposits at one month’s rent and bans pet deposits. Here’s the full breakdown.
New York has the shortest deposit return deadline of any of the four most populated states: 14 days. The Housing Stability and Tenant Protection Act (HSTPA) of 2019 dramatically strengthened tenant protections, and N.Y. Gen. Oblig. Law § 7-108 is the statute that governs how deposits are handled.
The 14-Day Deadline
Under § 7-108(1-a)(e), the landlord must return the deposit or provide an itemized statement of deductions within 14 days of the tenant vacating the unit. This is the strictest timeline of any major US state. If your landlord misses this deadline, they have likely forfeited any right to retain the deposit.
The One-Month Cap and HSTPA Reforms
Since the HSTPA took effect in June 2019:
• Maximum deposit: 1 month’s rent (§ 7-108(1-a)(a))
• Pet deposits and pet fees: Prohibited
• “Last month’s rent” as a condition of the lease: Prohibited
• Additional deposits of any kind: Prohibited
If your landlord collected more than one month’s rent, they already violated the statute.
Itemization and Receipt Requirements
Under § 7-108(1-a)(c), any deduction from the deposit must be accompanied by an itemized statement and copies of receipts showing the actual costs incurred. General statements like “cleaning fee” or “paint” without itemization and receipts are insufficient.
Interest-Bearing Account Requirement
For buildings with 6 or more units, the landlord must place the deposit in an interest-bearing account in a New York bank and notify the tenant of the bank name and address. The tenant is entitled to the interest earned, minus a 1% annual administrative fee retained by the landlord (§ 7-108(1-a)(d)).
Penalties and Remedies
New York does not have an explicit statutory multiplier like California (2×) or Texas (3× + $100). However, courts may award:
• The full amount wrongfully withheld
• Punitive damages for bad faith (at the court’s discretion)
• Attorney’s fees
The 14-day deadline itself is strong leverage — a landlord who misses it has a difficult time justifying any deductions.
Key Dates and Provisions
• Deposit return deadline: 14 days from vacating
• Maximum deposit: 1 month’s rent (HSTPA 2019)
• Pet deposits/fees: Prohibited
• Penalty: Actual damages + potential punitive damages + attorney’s fees
• Statute: N.Y. Gen. Oblig. Law § 7-108
• Interest required: Buildings with 6+ units
• NYC enforcement: Department of Consumer and Worker Protection (DCWP)
Ready to take the next step?
Generate a demand letter or cancellation email sequence grounded in the statutes discussed in this article.
Generate your New York demand letterThis article provides general information about consumer protection statutes. It does not constitute legal advice and does not evaluate specific claims. Statutes may be amended; verify current law with official sources. Consider consulting a licensed attorney for advice about your specific situation.