How long does a landlord in New York have to return a security deposit?
14 calendar days after you move out
In plain terms, the statute says
A landlord who fails to provide the itemized statement and the balance of the deposit within fourteen days forfeits any right to retain any portion of the deposit, and that forfeiture requires no finding of fault. A person found to have willfully violated the subdivision is additionally liable for punitive damages of up to twice the amount of the deposit or advance, on top of actual damages.
Who this covers
Subdivision 1 provides that the section applies to all dwelling units in residential premises unless the dwelling unit is specifically referred to in N.Y. Gen. Oblig. Law § 7-107 — that is, rent-controlled and rent-stabilized units, which § 7-107 governs instead and which this summary does not cover. Subdivision 1-a — the subdivision that carries the fourteen-day rule — opens with its own further exclusions, applying “[e]xcept in dwelling units subject to the city rent and rehabilitation law or the emergency housing rent control law, continuing care retirement communities licensed pursuant to article forty-six or forty-six-A of the public health law, assisted living providers licensed pursuant to article forty-six-B of the public health law, adult care facilities licensed pursuant to article seven of the social services law, senior residential communities that have submitted an offering plan to the attorney general, or not-for-profit independent retirement communities that offer personal emergency response, housekeeping, transportation and meals to their residents”. A tenant in any of those is outside the fourteen-day deadline.
Read the law yourself
Where are you in this?
Have you moved out?
Questions people ask
How long does a landlord in New York have to return a security deposit?
New York: 14 calendar days after you move out.
Who does New York's security-deposit law cover?
Subdivision 1 provides that the section applies to all dwelling units in residential premises unless the dwelling unit is specifically referred to in N.Y. Gen. Oblig. Law § 7-107 — that is, rent-controlled and rent-stabilized units, which § 7-107 governs instead and which this summary does not cover. Subdivision 1-a — the subdivision that carries the fourteen-day rule — opens with its own further exclusions, applying “[e]xcept in dwelling units subject to the city rent and rehabilitation law or the emergency housing rent control law, continuing care retirement communities licensed pursuant to article forty-six or forty-six-A of the public health law, assisted living providers licensed pursuant to article forty-six-B of the public health law, adult care facilities licensed pursuant to article seven of the social services law, senior residential communities that have submitted an offering plan to the attorney general, or not-for-profit independent retirement communities that offer personal emergency response, housekeeping, transportation and meals to their residents”. A tenant in any of those is outside the fourteen-day deadline.
What happens if a landlord in New York is late?
A landlord who fails to provide the itemized statement and the balance of the deposit within fourteen days forfeits any right to retain any portion of the deposit, and that forfeiture requires no finding of fault. A person found to have willfully violated the subdivision is additionally liable for punitive damages of up to twice the amount of the deposit or advance, on top of actual damages.
Where can I read New York's security-deposit law?
New York's rule is in N.Y. Gen. Oblig. Law § 7-108. The link on this page goes to the official text, so you can read the section yourself rather than take our word for it.
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