r/NYCapartments • u/TheMasterMagician • 11h ago
Advice/Question Getting your security deposit back in NYC: the 14 day rule and what landlords can and can't deduct
Deposit questions come up here constantly, so here's the short version of New York's rules (General Obligations Law 7-108, mostly from the 2019 tenant protection law).
Before you move in - The deposit can't be more than one month's rent. - Take dated photos and video of every room, inside appliances, and under sinks. Email them to yourself. - In buildings with 6 or more units, the landlord has to keep your deposit in an interest bearing account at a New York bank and tell you which bank.
Before you move out - You can ask the landlord for an inspection before you leave. The point is to get a list of what they'd charge you for, so you can fix it or clean it yourself first. - Give your forwarding address in writing. - Take the same photos and video again on your way out.
After you move out - The landlord has 14 days to return your deposit with an itemized statement of anything they kept. - If they miss the 14 days or don't itemize, they lose the right to keep any of it. - They can only deduct for unpaid rent, unpaid utilities, damage beyond normal wear and tear, and a few specific costs like moving or storing stuff you left behind. Faded paint, small nail holes, and normal wear on floors aren't damage. - If a landlord willfully breaks these rules, a court can award up to twice the deposit on top of the deposit itself.
If you don't get it back 1. On day 15, send a short letter or email citing GOL 7-108, asking for the full deposit by a specific date. 2. If that doesn't work, file in small claims. NYC small claims covers up to $10,000, the filing fee is $15 or $20, and you don't need a lawyer. Bring your photos, the lease, and proof of when you moved out. 3. You can also file a complaint with the NY Attorney General's office.
For roommate situations where the deposit went to another tenant and not the landlord, it's messier, and small claims is usually the route.
If anything here is off or you've been through small claims for a deposit, add it below.
