Landlord won't return your security deposit? Your NYC rights

If your landlord is holding onto your security deposit, take a breath — New York law is firmly on your side. In NYC, your landlord has 14 days after you move out to either return your full deposit or give you an itemized list of what they kept and why. Miss that deadline, and the law says they may lose the right to keep any of it. You do not need a lawyer to get your money back, and you do not need to pay anyone. This guide walks you through exactly what the law requires, what to send, and where to get free help if the landlord still won't pay.

What the law says

The main law is New York General Obligations Law & 7-108 (the security deposit statute, strengthened by the Housing Stability and Tenant Protection Act of 2019). It applies to almost all residential rentals in New York State, including every borough of NYC — whether your unit is rent-stabilized, rent-controlled, or market-rate, and whether or not you had a written lease.

Here is what it requires:

• The deposit is capped at one month's rent. A landlord cannot demand two months, "last month plus security," or any amount over a single month's rent as a deposit. If they collected more, the extra is yours to get back.
• They must return it within 14 days of you moving out. Within those 14 days the landlord must either send back the full deposit, or send back whatever is left along with an itemized statement describing each deduction.
• No itemized statement in 14 days = they forfeit the right to keep any of it. This is the big one. If the landlord blows the 14-day deadline and never gives you a written, itemized breakdown, the statute says they lose the right to retain any portion of your deposit.
• The landlord has the burden of proof. If you go to court, it is on the landlord to prove that each deduction was legitimate — not on you to prove you left the place clean.
• They can only deduct for specific things: unpaid rent, damage beyond normal wear and tear, and (if your lease says so) unpaid utility or moving charges. They cannot deduct for normal wear and tear.
• Willful violations can cost the landlord double. If a court finds the landlord willfully kept your money in violation of the law, you can recover up to twice the amount wrongfully withheld, plus you get your deposit back.

You also have a right to a walk-through inspection. Before you move out, you can ask for an inspection so the landlord tells you in advance what they think needs fixing or cleaning — giving you a chance to fix it and avoid the deduction. Not every landlord offers this, but you are allowed to request it in writing.

What to do — step by step

1. Document the apartment's condition. Take clear, dated photos and video of every room the day you move out — floors, walls, appliances, bathroom, closets. If you have move-in photos, keep those too. This is your proof that damage was "normal wear and tear," not something you broke.
2. Gather your paperwork. Find your lease, your deposit receipt or the canceled check/bank record showing you paid it, and any texts or emails with the landlord about move-out. Note the exact date you handed back the keys — that starts the 14-day clock.
3. Send a written demand letter. Do not rely on phone calls or texts alone. Mail a dated letter (keep a copy) stating the amount owed, the date you vacated, and that under GOL & 7-108 you expect the deposit returned. Send it by certified mail with return receipt so you can prove they got it. A free, fill-in-the-blank deposit demand letter is on our templates page.
4. Give them a short deadline. Ask for the money within 10–14 days of your letter. Keep the tone calm and factual — you are creating a paper trail, not winning an argument.
5. File a complaint with the NY Attorney General. The AG's office handles security deposit disputes and can pressure a landlord to pay. It's free and online (link below). This often works without going to court.
6. File in Small Claims Court if they still won't pay. In NYC you can sue for up to $10,000 in small claims. The filing fee is small (around $15–$20), you don't need a lawyer, and the clerk helps you fill out the forms. Bring your photos, lease, deposit proof, and demand letter.
7. Ask the court for double damages. If the landlord clearly ignored the 14-day rule or acted in bad faith, tell the judge you're seeking up to twice the withheld amount for a willful violation under GOL & 7-108.
8. Get free legal help if you feel stuck. Tenant legal-aid groups and Housing Court Answers (see below) will coach you through small claims for free. You don't have to do this alone.

Deadlines and who to contact

Situation	Deadline / limit	Where to go
Landlord returns deposit or itemized statement	14 days after you move out	Landlord (in writing)
Maximum deposit a landlord can hold	1 month's rent	N/A — anything more is refundable
Landlord misses the 14-day statement deadline	May forfeit right to keep any of it	NY Attorney General / Small Claims
Free complaint to the state	Anytime	NY Attorney General (ag.ny.gov)
Small Claims Court lawsuit (NYC)	Up to $10,000; file within 6 years	NYC Civil Court, Small Claims Part
Penalty for a willful violation	Up to 2× the amount withheld	Small Claims Court judge

Where to get free help

• NYC 311 — For any NYC housing question, dial 311 or visit portal.311.nyc.gov. They route you to the right agency and to free tenant resources.
• NY Attorney General — Consumer/Tenant Complaint — File a free security deposit complaint at ag.ny.gov. This is the fastest official channel for deposit disputes.
• Housing Court Answers — A nonprofit that helps tenants navigate NYC Housing and small claims court, with a hotline and plain-language guides: housingcourtanswers.org.
• NYC Tenant Helpline / HRA — The City's Office of Civil Justice offers free legal help for many tenants. Learn more through nyc.gov/site/hra.
• NYC Department of Housing Preservation & Development (HPD) — For repair and habitability issues tied to your unit: nyc.gov/site/hpd.
• Legal-aid groups — Organizations like Legal Aid Society and Legal Services NYC offer free tenant representation based on income. Ask 311 or Housing Court Answers for a referral.

Frequently asked questions

How long does a landlord have to return a security deposit in NY?

14 days from the day you move out. Within those 14 days the landlord must return the full deposit, or return the balance with a written itemized statement of every deduction. If they don't send that statement in time, they may lose the right to keep any of your money under General Obligations Law & 7-108.

What can a landlord legally deduct from my deposit?

Only three categories: unpaid rent, the cost of repairing damage that goes beyond normal wear and tear, and unpaid utility or moving charges if your lease specifically allows it. They must itemize each deduction in writing, and in court they have to prove it.

What counts as "normal wear and tear" that they can't charge me for?

Everyday aging from ordinary use — faded paint, minor scuffs, small nail holes, worn carpet, loose grout. Landlords cannot charge you to repaint or re-carpet just because time passed. They can charge for real damage, like a large hole in the wall, a broken window, or a cracked appliance you damaged.

Can I still get my deposit back if I never had a written lease?

Yes. GOL & 7-108 protects you whether or not you signed a lease. As long as you paid a deposit, the 14-day rule, the one-month cap, and the itemization requirement all apply. Your canceled check, bank record, or a receipt is enough to prove you paid it.

What if the landlord kept my whole deposit and won't respond?

Send a certified demand letter, then file a free complaint with the NY Attorney General. If that doesn't work, sue in NYC Small Claims Court (up to $10,000) — no lawyer needed. If the landlord ignored the 14-day rule, ask the judge for up to twice the amount as a willful-violation penalty.

Can my landlord charge more than one month's rent as a deposit?

No. Since 2019, residential security deposits in New York are capped at one month's rent. If your landlord collected more — for example "first, last, and security" — the extra amount is refundable and you can demand it back the same way.

Official sources

• NY Attorney General — Tenants' Rights & Security Deposits
• NYS Homes & Community Renewal (HCR / DHCR)
• NYC Housing Preservation & Development (HPD)
• NYC HRA — Free Legal Services for Tenants
• NYC Civil Court — Small Claims
• NYC 311

Want to understand the bigger picture before your next lease? Read our NYC renter rights overview, learn who actually owns your building, and see how a verified renter profile helps you at move-out on our page for renters. You can also browse all our free tools on the resources page.

This guide is educational information, not legal advice. Facts current as of July 2026; laws change — verify with the official sources above, and for your specific situation talk to a tenant attorney or legal-aid group (many are free).