Security DepositsNew York

What are the security deposit rules in New York?

Updated 2025-01-151 citation

TL;DR

New York limits security deposits to one month's rent and requires landlords to return the deposit within 14 days of move-out.

New York's Housing Stability and Tenant Protection Act (HSTPA) of 2019 significantly strengthened deposit protections:

Deposit limits

Security deposits in New York are capped at one month's rent. This applies statewide — landlords cannot charge more regardless of the property type.

Return timeline

Your landlord must return the security deposit within 14 days after you move out. If they make deductions, they must provide an itemized statement.

Key protections

  • No more "last month's rent" — Landlords cannot collect both a security deposit and last month's rent advance
  • Interest required — In buildings with 6+ units, landlords must deposit your security in an interest-bearing account and notify you of the bank and account number
  • Itemized deductions — Any deductions must be itemized in writing
  • Inspection rights — You have the right to a pre-move-out inspection

Rent-stabilized apartments

If you live in a rent-stabilized apartment in NYC, additional protections may apply, including limits on what can be deducted for renovations.

If your deposit isn't returned

You can sue in small claims court (up to $10,000 in NYC, $5,000 elsewhere in NY). Many tenants successfully recover their deposits plus court costs.

Legal Citations

N.Y. Gen. Oblig. Law § 7-108Security Deposit Provisions

Always verify statute citations against official state legal resources.

Need a personalized answer?

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RentCounsel provides legal information, not legal advice. Always consult a qualified attorney for your specific situation.