Tenant Rights
NY - Updated 2025
Get Your Security Deposit Back in New York
Know your rights under New York law. Learn how to maximize your deposit return and take action if your landlord withholds money illegally.
Your New York Protections:
Your landlord has 14 days to return your deposit with an itemized statement. If they wrongfully withhold, you may recover 2x deposit + punitive damages.
Your landlord has 14 days to return your deposit with an itemized statement. If they wrongfully withhold, you may recover 2x deposit + punitive damages.
Max Deposit
1 month rent
Return Deadline
14 days
Interest Owed?
Yes!
Wrongful Withholding
2x deposit + punitive damages
Maximize Your New York Deposit Return
Before Move-Out:
- Give proper written notice (check your lease)
- Request pre-move-out inspection if available
- Deep clean entire unit
- Repair minor damage (nail holes, scuffs)
- Replace any missing items
At Move-Out:
- Take timestamped photos of every room
- Complete move-out inspection checklist
- Return all keys (get receipt)
- Provide forwarding address in writing
- Mark calendar: 14 days from today
If Your Landlord Doesn't Return Deposit
Step 1: Send Demand Letter
- Wait until 14 days deadline passes
- Send certified mail with return receipt
- Cite New York security deposit law
- Give 7-14 days to respond
- Keep copy of everything
Step 2: File Small Claims Court
- Most deposits under small claims limit
- No lawyer needed
- Bring all documentation
- Request full deposit + 2x deposit + punitive damages
- May also recover court costs
New York requires landlords to pay interest on security deposits. Make sure you receive this when your deposit is returned!
Illegal Deductions to Dispute
Your New York landlord CANNOT deduct for:
- Normal wear and tear (faded paint, worn carpet)
- Pre-existing damage (documented at move-in)
- Professional cleaning if you left it clean
- Finding a new tenant (advertising, showing)
- Routine painting between tenants
- Repairs for items that wore out from age
Need a Deposit Demand Letter for New York?
Create a professional demand letter citing NY law to send to your landlord.