How much can a landlord ask for as a security deposit?
One month's rent. That is the legal maximum for all rental units in New York State — both market-rate and rent-stabilized — under the Housing Stability and Tenant Protection Act of 2019. The rule appears in New York General Obligations Law § 7-108.
The "one month" cap applies to the deposit itself. It also applies to anything that functions like a deposit. Landlords cannot legally ask for "first month, last month, and one month security" totaling three months. They cannot circumvent the rule by calling extra payments "pet deposits" or "advance payments." The total amount held as security is capped at one month's rent.
A landlord who collects more than one month is in violation of the law and may be liable for damages up to twice the deposit amount under GOL § 7-108(g).
When does the landlord have to return my deposit?
Within 14 days after you move out.
The 14-day clock starts when you vacate the premises — meaning you have moved out entirely and the landlord has access to the unit. Provide your forwarding address in writing before you leave. This is the address to which the landlord must send your deposit and any itemized statement.
The 14-day rule is in GOL § 7-108(e), which originally applied to non-rent-stabilized tenants under HSTPA 2019. Effective November 15, 2025, a state amendment (S952B) extended the same protections to rent-stabilized tenants by adding them to GOL § 7-107 — rent-stabilized units had been excluded from § 7-108.
What happens if the landlord misses the 14-day deadline?
Under the statute's text, failure to meet the 14-day deadline forfeits the landlord's right to keep any part of the deposit. The statute is written as a forfeiture rule: if a landlord fails to provide the tenant with the statement and the deposit within fourteen days, the landlord forfeits any right to retain any portion of it.
In practice, this means that even if there is documented damage to the apartment, even if the tenant owes money, missing the 14-day deadline generally results in the landlord losing the right to make deductions. Courts have applied this forfeiture rule consistently, though specific outcomes turn on the facts — including whether the tenant provided a forwarding address and whether the landlord can document a good-faith attempt to comply.
What can the landlord deduct from my deposit?
Only for specific reasons, and only with an itemized statement delivered within the 14 days.
Permitted deductions are limited to:
- Nonpayment of rent.
- Nonpayment of utility charges that were the tenant's responsibility.
- Damage to the apartment beyond normal wear and tear.
- Moving and storage costs for any belongings the tenant left behind.
Landlords cannot deduct for normal wear and tear. They cannot deduct for damage that existed before you moved in. They cannot deduct for general cleaning in the absence of actual damage, or for the cost of preparing the apartment for the next tenant.
Normal wear and tear vs damage: where the line falls
This is the most frequently disputed area of security deposit law, and the single most common reason deposits are withheld. New York's statute does not define the terms; the working line comes from years of Housing Court practice.
Normal wear and tear is deterioration that happens simply because a person lived there — the landlord's cost of doing business, recovered through rent, not through your deposit:
- minor scuffs, marks, and faded paint on walls
- carpet worn thin along traffic paths
- minor scratches or dulling on wood floors
- small nail holes from hanging pictures
- mineral deposits and light staining in bathroom fixtures
- curtains and blinds faded by sunlight
- loose door handles, worn hinges, a sticking window
- appliances that failed with age rather than misuse
Damage is harm beyond ordinary use, whether deliberate, careless, or accidental:
- holes in walls beyond small nail holes; unfilled anchors
- broken tiles, fixtures, windows, or appliances
- burns, deep gouges, or pet-urine staining in flooring
- pet scratches on doors and trim
- large stains on carpet that cleaning does not remove
- unauthorized alterations: paint colors not restored, shelving bolted into walls, removed doors
- missing or unreturned keys, fobs, or mailbox keys
- items left behind that the landlord must remove and store
Three factors decide borderline cases:
How long you lived there. Carpet and paint have expected lifespans — commonly treated as five to ten years for carpet and three to five for interior paint. A tenant of six years is rarely charged for repainting; a tenant of six months might be, if the walls need more than touch-up.
The condition when you arrived. A scratch you did not cause is not your damage — but only if you can show it was there. This is what the pre-occupancy inspection and your move-in photos are for.
Depreciation, not replacement cost. If a landlord does charge for a damaged item, the fair measure is its remaining useful life, not the price of a brand-new one. A carpet damaged in year eight of a ten-year life is worth a fraction of its replacement cost.
The same mark can fall on either side. A small scratch on a wood floor after a year is wear and tear; the same scratch alongside documented drag marks from unprotected furniture is damage.
What is the pre-move-out inspection?
For tenants who moved in after July 14, 2019, the landlord is required to offer an inspection before the end of the tenancy, under GOL § 7-108(d).
The inspection should occur after you notify the landlord of your intent to vacate but before you move out. The landlord is required to provide an itemized statement of what the landlord intends to deduct from the deposit. The tenant then has an opportunity to fix those conditions before moving out.
A tenant can decline the inspection. Accepting it is generally the better move — it gives you advance notice of disputed deductions and a chance to address them before the 14-day window begins.
What about the pre-occupancy inspection?
For tenants who move in after July 14, 2019, the landlord is also required to offer an inspection before move-in, under the same subsection.
The point is to document the apartment's condition at the start. If you and the landlord conduct this inspection together and sign a written agreement noting pre-existing conditions, that document protects you against later claims that you caused damage that was already there.
Take photos and video before you move your belongings in. Keep them. Email a copy to yourself so the timestamp is preserved.
Does my landlord owe me interest on my deposit?
In a building with six or more units, yes. Under GOL § 7-103, the landlord must place your deposit in an interest-bearing account, may keep 1% per year as an administrative fee, and must pay you the rest — annually, applied to your rent, or when the deposit is returned. In smaller buildings there is no interest requirement, but the deposit is still legally your money, held in trust and never commingled with the landlord's own funds.
What can I do if my landlord doesn't return my deposit?
Document the timeline. Note the date you moved out — returned keys, vacated the apartment. The 14-day clock starts then. Note whether you received the deposit, an itemized statement, both, or neither.
Send a written demand. If 14 days have passed and you have received neither, send the landlord a written demand for the full deposit, citing GOL § 7-108(e). Use certified mail with return receipt, or tracked delivery. Keep a copy.
Consider small claims court. New York City small claims court hears security deposit disputes up to $10,000. Filing fees are modest — currently around $20. You do not need a lawyer, and hearings are generally scheduled within 30 to 60 days of filing.
Contact a tenant legal services organization. Legal Aid Society, Legal Services NYC, the City Bar Legal Referral Service, and Met Council on Housing all maintain intake channels for housing matters. For tenants whose income qualifies, free representation is available.
Ask about punitive damages if the violation was willful. Under GOL § 7-108(g), a landlord found to have willfully violated security deposit law may be liable for up to twice the deposit amount — the provision aimed at landlords who routinely withhold deposits without providing itemized statements.
Move-out checklist
Documentation is what wins deposit disputes. Before and during move-out:
- Photograph or video every room on move-in day, timestamped.
- Email the landlord a written list of any existing damage in your first week.
- Request the pre-move-out inspection in writing.
- Fix the flagged issues before the lease ends.
- Photograph or video again on move-out day, before you hand over the keys.
- Record the exact date and time you returned the keys — an email confirmation is ideal.
- Give your forwarding address in writing.
- Save your lease, all rent receipts, and every message from the landlord.
Are there exceptions to the one-month rule?
The one-month limit is strict. There are limited exceptions for guarantor situations, where a guarantor or third party may be asked to deposit an additional amount. (For how guarantors and the 40x income rule work in market-rate rentals, see the 40x rent rule and guarantors.) For unregulated market-rate tenants, the law's application to guarantor arrangements is unsettled: landlords sometimes structure separate guarantor deposits in addition to tenant deposits, and the legal validity of those arrangements is contested.
If a landlord asks for anything beyond one month's rent as security or advance payment, the legal default is that the request is improper.
What about broker fees and other charges?
Broker fees are a separate question from security deposits, governed by different rules. The FARE Act, effective in late 2025, generally requires that broker fees be paid by whichever party hired the broker — typically the landlord. New York banned application fees under HSTPA 2019; a landlord may charge for a credit or background check, capped at the actual cost or $20, whichever is less. Move-in fees, processing fees, and similar charges are generally prohibited.
These rules are separate from deposits but often arise in the same conversation. If a landlord or broker asks for fees that don't fit the categories above, ask for the basis of each one in writing.
Does this apply to roommates and subletters?
The security deposit rules apply to the legal tenancy relationship between landlord and tenant. Roommates and subletters who pay rent to a primary tenant rather than directly to the landlord are typically governed by their separate agreement with that tenant. The landlord's deposit obligations run to the named lease tenant, not necessarily to everyone living in the apartment.
See whether your landlord has a long history of open HPD violations. Across Weverit's 38,341 NYC building reports, 29,129 buildings carry open HPD violations — an average of 39 per building. A building's complaint and violation history is a useful read on how an owner handles repairs and disputes, and Weverit compiles it free from public records. Check your building's record → search any NYC building.
Frequently Asked Questions
How much can a NYC landlord charge for a security deposit? One month's rent, for every rental unit in New York State — market-rate and rent-stabilized alike. Anything beyond that, under any label, is improper.
How long does a landlord have to return a security deposit in NYC? Fourteen days from the day you move out, together with an itemized statement of any deductions.
What if my landlord misses the 14-day deadline? Under the statute, the landlord forfeits the right to keep any portion of the deposit — even where there is documented damage.
What counts as normal wear and tear in NYC? Deterioration from ordinary living: scuffed or faded paint, carpet worn along traffic paths, small nail holes, light scratches on floors, mineral deposits in fixtures. Landlords may not deduct for any of it.
Can my landlord charge me for repainting? Not for ordinary fading or scuffing, and rarely after a long tenancy — interior paint is commonly treated as having a three-to-five-year life. Repainting to cover damage, such as unapproved colors or large stains, is a different matter.
Can my landlord charge me for cleaning? Not for routine cleaning between tenants. Cleaning that addresses actual damage — for example, removing pet-urine staining — can be deducted.
Does my landlord have to pay interest on my security deposit? In buildings with six or more units, yes, minus a 1% annual administrative fee. In smaller buildings there is no interest requirement, but the money is still held in trust for you.
What do I do if my landlord keeps my deposit without explanation? Send a written demand citing GOL § 7-108(e) by certified mail, then file in small claims court — up to $10,000, no lawyer required. If the withholding was willful, you may be entitled to twice the deposit.
Do these rules cover rent-stabilized apartments? Yes. A 2025 amendment extended the 14-day return rule and related protections to rent-stabilized tenants effective November 15, 2025.
Where can I learn more?
The New York State Attorney General's Office publishes a tenant guide covering security deposits at ag.ny.gov. The NYC Rent Guidelines Board maintains an FAQ on security deposits at rentguidelinesboard.cityofnewyork.us. The New York State Division of Housing and Community Renewal at hcr.ny.gov publishes fact sheets on rent regulation, including deposits in stabilized buildings.
Sources: New York State Housing Stability and Tenant Protection Act of 2019 (HSTPA), Part M, amending General Obligations Law §§ 7-107, 7-108; New York State Bar Association coverage of HSTPA security deposit provisions (2019, 2020); NYC Rent Guidelines Board FAQ on Security Deposits; NY State Senate Bill S952B (Kavanagh, 2025) extending HSTPA security deposit protections to rent-stabilized tenants effective November 15, 2025; NYC Administrative Code § 26-2302; New York State Attorney General tenant rights guidance; David A. Kaminsky & Associates and Real Estate Weekly summaries of HSTPA security deposit provisions; NYC Department of Housing Preservation and Development public guidance; Legal Aid Society, Legal Services NYC, and Met Council on Housing intake guidance.
