New York Security Deposit Law (Statute Explained)

Official-source guide to New York security deposit law, including the statute sections, agency guidance, and the key rules on deadlines, deductions, and tenant protections.

## New York Security Deposit Law (Statutes & Source Material) This page is the dense version. If you want the actual legal source material behind New York security deposit rules — and not just the plain-English summary — start here. This page is built around the official sources, the core statute sections, and the rules that matter most in real security deposit disputes. If you want the simpler version first: 👉 [Plain-English Law Overview](/new-york/security-deposit-law/) --- ## The Main New York Sources If you want to go straight to the law and agency material, these are the key places to start: - [New York General Obligations Law § 7-108](https://www.nysenate.gov/legislation/laws/GOB/7-108) - [New York General Obligations Law § 7-107](https://www.nysenate.gov/legislation/laws/GOB/7-107) - [New York Attorney General — Recovering Rent Security Deposits and Interest](https://ag.ny.gov/resources/individuals/tenants-homeowners/tenants/recovering-rent-security-deposits-and-interest) - [New York Attorney General — Tenant Rights Resources](https://ag.ny.gov/resources/individuals/tenants-homeowners/tenants) - [Homes and Community Renewal (HCR) Fact Sheet #9 — Security Deposits and Other Charges](https://hcr.ny.gov/fact-sheet-9) --- ## Which statute section applies? New York splits security deposit law across two closely related statute sections: ### GOL § 7-108 This is the main security deposit statute for residential dwelling units generally. It covers things like: - the one-month cap - trust treatment of the deposit - inspection opportunity - itemized deductions - the return deadline ### GOL § 7-107 This section applies to rent-stabilized dwelling units. If you are researching the law directly, it is worth looking at both sections so you are reading the right source material for the tenancy you are dealing with. --- ## The rules that matter most Once you get past the legal wording, most disputes still come down to a few core rules: - the deposit is generally capped at one month’s rent - the landlord must follow the return deadline - deductions must be itemized and supportable - normal wear and tear is not the tenant’s responsibility - the paperwork and timeline matter a lot That is the legal backbone behind most of the site. --- ## 1. The one-month limit New York law generally limits a security deposit to **one month’s rent**. Official state sources also say landlords cannot ask for both last month’s rent and a one-month security deposit in the usual way people think of those charges. The Attorney General’s tenant guidance states the one-month limit and explains that landlords must treat deposits as tenant funds rather than casually as their own money. HCR Fact Sheet #9 also states that HSTPA limits the amount of a security deposit for an apartment to one month’s rent. :contentReference[oaicite:1]{index=1} That is one reason the deposit issue matters so much: the money is yours unless the landlord has a lawful basis to keep part of it. --- ## 2. The return deadline One of the biggest New York rules is the **14 days** deadline. For most residential tenancies, the landlord must either: - return the deposit, or - provide an itemized statement of deductions within that same period after move-out. That return-and-itemization structure appears in the New York security deposit law and is echoed in New York state agency guidance. :contentReference[oaicite:2]{index=2} 👉 [Read the deadline rule in plain English](/new-york/security-deposit-deadline/) --- ## 3. Itemized deductions are required If money is withheld, the landlord should not just give you a vague number. The law and agency guidance are built around the idea that deductions need to be explained and tied to actual charges. In practice, that means the more specific and supportable the deduction is, the stronger it is. The less specific it is, the weaker it usually gets. :contentReference[oaicite:3]{index=3} That is why: - vague “cleaning” - vague “repair” - rounded lump-sum deductions - unsupported charge lists tend to be the exact place disputes start. 👉 [See what a landlord can actually deduct](/new-york/what-can-landlord-deduct/) --- ## 4. Normal wear and tear is still the line The statute and agency material do not turn every move-out issue into tenant damage. The real question is usually whether the charge is tied to: - actual damage beyond normal use, or - ordinary aging, turnover, and routine use of the apartment That distinction is where a lot of the law gets applied in real life, even when the fight is dressed up as “cleaning” or “repairs.” 👉 [See wear and tear vs. damage](/new-york/normal-wear-and-tear/) --- ## 5. Interest and handling rules New York Attorney General guidance explains that security deposits must be treated as tenant funds and, in buildings with six or more apartments, deposited in a New York bank account earning interest at the prevailing rate. The owner may keep a 1% administrative fee from the interest. :contentReference[oaicite:4]{index=4} This does not come up in every dispute, but it is part of the official source material and one more example of how regulated these deposits are supposed to be. --- ## 6. Why the source material can feel intimidating If you go straight to the statutes, you’ll notice what most renters notice: - the wording is dense - the sections are technical - the rules are there, but not always easy to apply to a real move-out situation That’s normal. The law gives you the framework, but it usually does not tell you: - what to say first - how long to wait - how to follow up - when the situation is actually strong enough to push harder That is where people tend to get stuck. --- ## 7. Why this page still matters If you want to dig into the law directly, go for it. That’s what this page is for. But most deposit disputes are not lost because the statute does not exist. They are lost because: - the tenant does not know which rule matters most - the timing is off - the documentation is weak - the communication is unclear So there are really two levels here: ### Level 1: Source material You read the laws, agency guidance, and official pages yourself. ### Level 2: Practical use You figure out how to apply that material in the right order, with the right timing, and with enough documentation to make it matter. That second part is usually harder than just finding the law. --- ## If the landlord did not follow the law If the deadline was missed, the deductions were weak, or the deposit was not returned properly, your next step is usually not more reading. It is taking the law you already have and using it. Start here: - [Deposit Not Returned](/new-york/deposit-not-returned/) - [Demand Letter](/new-york/demand-letter/) - [Evidence](/new-york/evidence/) --- ## TL;DR If you want the actual New York source material, start with: - GOL § 7-108 - GOL § 7-107 - the Attorney General guidance - HCR Fact Sheet #9 That is the legal backbone. But most people do not get stuck finding the law. They get stuck turning it into a clean process: - knowing which rule matters first - knowing what to send - knowing when to follow up - knowing when they are actually in a strong position If you want the law, it’s above. If you want the law turned into a usable process, that’s where the system helps — by taking all of this and putting it into the right order. 👉 [/new-york/toolkit/](/new-york/toolkit/) --- ## Related Pages - [Plain-English Law Overview](/new-york/security-deposit-law/) - [New York Security Deposit Deadline](/new-york/security-deposit-deadline/) - [What Can a Landlord Deduct in NY?](/new-york/what-can-landlord-deduct/) - [Normal Wear and Tear in NY](/new-york/normal-wear-and-tear/) - [Demand Letter](/new-york/demand-letter/) - [Small Claims Guide](/new-york/small-claims/) --- ## Important This page provides general educational information and is not legal advice. For the official text, use the statute sections and agency sources linked above.