Security deposit rules in New York
The deadline for the itemized statement, what can be deducted, and the documents to keep — with links to the statute.
Itemized statement due within
14 days
Within 14 days after the tenant has vacated the premises, provide an itemized statement of the basis for any amount kept and return the rest. Missing it forfeits the right to keep any portion of the deposit (§ 7-108(1-a)(e)).
If it's missed: If the itemized statement and the remaining deposit are not provided within 14 days after the tenant vacates, the landlord forfeits any right to keep any portion of the deposit (§ 7-108(1-a)(e)).
What the statement must cover
- List each deduction with the basis for the amount kept.
- Return the remaining deposit with the statement, within 14 days after the tenant vacates.
- Do not deduct for ordinary wear and tear.
Receipts and documentation
- Provide an itemized statement indicating the basis for each amount kept, within 14 days.
- The statute requires an itemized statement; attaching invoices or receipts is not required by § 7-108 but helps if an amount is questioned.
- Keep the evidence behind each charge, including any pre-move-out inspection record.
Gray areas to review carefully
14-day forfeiture
If the itemized statement and the remaining deposit are not provided within 14 days after the tenant vacates, the landlord forfeits any right to keep any portion of the deposit (§ 7-108(1-a)(e)).
Pre-move-out inspection notice
Before the tenant moves out, the landlord must notify the tenant in writing of the right to request an inspection before vacating (§ 7-108(1-a)(d)). Note whether that notice was given.
Local and rent-regulated units
Units under the New York City rent and rehabilitation law or the emergency housing rent control law are excluded from subdivision 1-a, and localities may add requirements. Verify for your unit.
Frequently asked questions
How long does a landlord have to return a security deposit in New York?
Within 14 days after the tenant has vacated the premises, provide an itemized statement of the basis for any amount kept and return the rest. Missing it forfeits the right to keep any portion of the deposit (§ 7-108(1-a)(e)). Source: New York General Obligations Law Section 7-108 (checked October 2026). This is a general rule — verify your specific situation and any local ordinances.
Is an itemized statement required in New York?
Yes. New York requires a written itemized list of deductions. List each deduction with the basis for the amount kept.
Can a landlord deduct for "normal wear and tear" in New York?
Generally no. Deductions are for damage beyond ordinary wear and tear — such as stains, burns, large holes, or breakage — not for the normal aging of a unit. Compare move-in and move-out photos for each item, and check New York General Obligations Law Section 7-108 for the exact rule.
What happens if the landlord misses the deadline in New York?
If the itemized statement and the remaining deposit are not provided within 14 days after the tenant vacates, the landlord forfeits any right to keep any portion of the deposit (§ 7-108(1-a)(e)). This is a summary of the statute, not legal advice.
Does MoveOutGuard support New York?
Yes. Pick New York when you open a packet: the deadline estimate (14 days after the tenant vacates), the itemization checklist and the statute reference (New York General Obligations Law Section 7-108) come with it. You upload photos and receipts, review every line, and export the packet.
Build your New York statement packet
Upload photos and receipts, draft and review each deduction, and track the New York deadline — free. $29 unlocks the itemized statement and PDF for that packet.
MoveOutGuard is a document preparation and evidence organization tool. It is not a law firm and does not provide legal advice. Drafts, checklists, and deadline estimates require your review and are not a guarantee of compliance or outcomes. For legal questions, consult a licensed attorney.