New York security deposit rules

What the law says

• One-month cap

  A security deposit can’t be more than one month’s rent. The exceptions are registered seasonal units and certain owner-occupied co-ops.

• 14 days to return or itemize

  Within 14 days after you move out, your landlord has to return the deposit or give you an itemized statement of anything kept and why. If they miss the 14 days, they lose the right to keep any part of it.

• Pre-move-out inspection

  Once either side gives notice to end the tenancy, the landlord has to tell you in writing that you can ask for an inspection before you leave. It happens no earlier than two weeks and no later than one week before the tenancy ends, with at least 48 hours’ written notice. Afterwards you get an itemized list of proposed deductions and the chance to fix them. The right doesn’t apply if you gave less than two weeks’ notice.

• Move-in condition agreement

  If you ask, you and your landlord sign a move-in condition agreement before you move in. Your landlord can’t keep deposit money for conditions noted in it.

• Wear and tear vs damage

  Ordinary wear and tear can’t be deducted. In a dispute, the landlord has to show that a deduction was reasonable.

• If the rules are broken

  A willful violation can bring punitive damages of up to twice the deposit. The New York Attorney General enforces these rules.

• Who’s excluded

  These protections don’t apply to rent-controlled apartments or to certain senior housing and care facilities.