New York Security Deposit Law in 2026 — What Renters Need to Know
New York landlords have 14 days to return your deposit — the strictest in the country. Miss that, and they forfeit the entire deposit under GOL §7-108.
The basics: General Obligations Law §7-108 (post-HSTPA 2019)
- Maximum deposit
- 1 month's rent (statewide cap imposed by HSTPA 2019)
- Return window
- 14 days after tenant vacates — one of the strictest in the country
- Itemization required
- Required within the 14-day window; itemized statement of any deductions must accompany the returned balance.
- Move-in documentation
- No move-in photo requirement. Tenant has a statutory right to a pre-move-out inspection (2 weeks to 1 week before end of tenancy) on written notice from the landlord.
The catch: enforcement quirk worth knowing
If the landlord misses the 14-day deadline, they FORFEIT any right to retain any portion of the deposit — the harshest penalty of any state. 2025 proposals (S952B, S4856) seek to extend to 30 days; as of now the 14-day rule still stands.
What you can do as a renter
- Photograph everything on move-in day. Date-stamped phone photos are admissible evidence in every state.
- Document the same areas at move-out. Same angles. Same lighting if possible.
- Keep records for 60+ days post-vacate. Most state-statute return windows close in 14–60 days; the small-claims clock runs after that.
FAQ
How long does my New York landlord have to return my deposit?
Per General Obligations Law §7-108 (post-HSTPA 2019): 14 days after tenant vacates — one of the strictest in the country, with the required itemization.
What is the maximum deposit a New York landlord can charge?
Per General Obligations Law §7-108 (post-HSTPA 2019): 1 month's rent (statewide cap imposed by HSTPA 2019).
What is the penalty if my New York landlord wrongfully withholds my deposit?
If the landlord misses the 14-day deadline, they FORFEIT any right to retain any portion of the deposit — the harshest penalty of any state. 2025 proposals (S952B, S4856) seek to extend to 30 days; as of now the 14-day rule still stands.
Watchlist: CA mandates this as of 2025. WA and GA already require landlord-side documentation. New York renters: until your state follows, the bar is on you.