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Renters' Rights · Security Deposit

Security Deposit Laws in New York

The most a landlord can charge, how long they have to return it, and what it costs them to keep your money without cause in New York.

Reviewed by PlainStatute EditorialLast reviewed July 2026Verified against §§7-108, 7-103
Security deposit at a glance · New York
1 month
is the most a landlord may charge for a security deposit in New York. It must be returned within 14 days.
Maximum deposit1 month's rent
Return deadline14 days
Interest to tenant6+ unit buildings
Separate accountHeld in trust, no commingling
ItemizationRequired within 14 days
PenaltyUp to 2× deposit (willful)
Statute§§7-108, 7-103

What your landlord can hold, and when it's due back

Enter your rent for the New York maximum, plus the return-deadline clock.

Deposit calculator · New York
Most a landlord can hold
1 month
Enter your monthly rent to see the dollar maximum.
Return clock: 14 days
The deadline runs after the tenant vacates. Give your landlord a written forwarding address at move-out so the clock starts.

Estimate only, based on New York's statutory cap. Your lease may set a lower deposit, and local ordinances can be stricter. Not legal advice.

The full rules, with the statute

Every requirement and where it comes from in the code.

Maximum deposit
1 month's rent — the deposit plus any advance rent combined may not exceed one month's rent
Return deadline
Within 14 days after the tenant moves out, the landlord must return the deposit along with an itemized statement of any deductions. Failing to give both within 14 days forfeits the right to keep any part of the deposit.
Interest to tenant
ConditionalOnly in buildings with six or more units. There the deposit must sit in an interest-bearing account, and the interest goes to the tenant, less a 1% administrative fee (§7-103(2-a)).
Separate account
RequiredThe deposit stays the tenant's money, held in trust, and may not be commingled with the landlord's own funds (§7-103(1)). In buildings of six or more units it must go in a New York interest-bearing account.
Itemization
An itemized statement of deductions is due with the refund within 14 days; missing it forfeits the right to withhold. Tenants also have a pre-move-out inspection right: on written notice, an inspection two weeks to one week before the lease ends, with at least 48 hours' notice.

Penalties & recent changes

What happens if the landlord keeps your deposit wrongfully.

If the landlord withholds wrongfully
A willful violation exposes the landlord to punitive damages of up to twice the amount of the deposit or advance (§7-108(1-a)(g)).
Recent changes

HSTPA (L. 2019, ch. 36) (effective 2019-06-14): The Housing Stability and Tenant Protection Act of 2019 set the current framework: the one-month cap, the 14-day return-with-itemization rule, and the pre-move-out inspection right. No later bill has changed these figures.

What New York renters get wrong

Since the 2019 HSTPA reform, New York is one of the tightest states in the country: a landlord can collect no more than one month's rent as a deposit, and must return it — with an itemized statement — within just 14 days of move-out. Blow that deadline and the landlord forfeits the right to keep a cent. New York also gives tenants something most states don't: the right to a walk-through inspection before you move out, so you can fix issues before they become deductions.

Common questions

What is the maximum security deposit in New York?

One month's rent. Since June 2019, the deposit plus any advance rent combined cannot exceed a single month's rent for most residential tenancies.

How long does a New York landlord have to return a deposit?

14 days after you move out. The landlord must return the deposit and an itemized statement of any deductions within that window, or lose the right to withhold anything.

Can I get an inspection before moving out in New York?

Yes. You have the right to request a walk-through inspection between two weeks and one week before your lease ends. The landlord must give at least 48 hours' notice and tell you what needs fixing so you can avoid deductions.

Does my New York landlord have to pay interest on my deposit?

Only in buildings with six or more units. There the deposit must be in an interest-bearing account and the interest belongs to you, minus a 1% administrative fee. Smaller buildings owe no interest but still must hold the money in trust.

Primary source
→ N.Y. Gen. Oblig. Law §§7-108, 7-103
New York State Senate · nysenate.gov
PlainStatute Editorial
Every figure on this page is checked line-by-line against the current statute. Editorial standards →

Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.

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