How to Get Your Security Deposit Back in New York

Everything you need to know about security deposits in New York

You’ve rallied your strongest friends, treated them to pizza, and finally moved all of your belongings out of your apartment. But are you really done? Not quite. 

For many tenants in New York, recovering their security deposit requires a herculean effort. 

This comprehensive guide will help you understand the purpose of a security deposit, your rights as a tenant, and the steps you can take to ensure a smooth move-out process.

Is there a maximum security deposit amount in New York?

A security deposit is a sum of money that a tenant pays to a landlord before moving into an apartment. 

The security deposit serves as a form of financial protection for the landlord if the tenant fails to fulfill their obligations under the rental agreement. These obligations may include paying rent, covering the costs of repairs for damages caused to the property, and cleaning the unit when moving out.

In New York, security deposits collected after July 13, 2019 cannot exceed the amount of one month’s rent. 

If your apartment complex contains six or more units, your landlord is required to deposit your security deposit into a savings account and inform you in writing of the bank’s name and address. What’s more, the landlord is allowed to retain one percent of the account’s yearly balance as an administrative fee, but the remaining interest accrued must be returned to you when you move out.

For buildings with fewer than six apartments, your landlord must still place the security deposit in a separate bank account, but this account is not required to be an interest-bearing account.

Does my landlord have to return my security deposit?

Once your lease ends and you move out, your landlord is required to return your security deposit minus any deductions for unpaid rent or damage to your apartment beyond normal wear and tear. 

New York law does not explicitly define “normal wear and tear,” but the term typically refers to deterioration that occurs from the intended use of the rental unit and without negligence, misuse, or abuse of the premises.

Here are some real-life examples from New York cases that distinguish between damages considered ordinary wear and tear and those that exceed normal wear and tear:

Damages considered normal wear and tear	Damages that exceed normal wear and tear
Dirty carpets Dirty windows and ceiling fans Worn paint Garbage left under an oven Stains in the tub and sink Leftover food in the refrigerator< Dog hair in the apartment	Excessive tobacco odor Holes in the wall Fleas that required an exterminator to remove

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

Under New York law, your landlord is required to return your security deposit within 14 days of your departure from the apartment. 

Additionally, if your landlord intends to withhold any portion of the deposit, they must provide you with a detailed statement of reasons within the same 14-day period. Failure to provide this statement results in the landlord losing the right to retain any part of the deposit.

How can I improve my chances of getting my security deposit back?

Moving is expensive. Every penny counts. To improve your chances of getting your security deposit back, here are some steps you can take:

• Conduct a walk-through inspection of the rental unit with your landlord before moving in. Document the condition of the property with photographs, videos, and a written checklist signed by the landlord.
• Keep the rental property clean and well-maintained. Promptly notify your landlord of any issues.
• Clean the rental property thoroughly before moving out. If you can afford it, have a professional cleaning done.
• Take all personal belongings and trash with you when you move out. Don’t leave furniture in the unit or even on the curb outside the unit.
• Request a move-out inspection with your landlord, during which you can both review the property’s condition together. Document the final condition with photographs, videos, and a written checklist signed by your landlord.

My New York landlord won’t return my security deposit

If your landlord fails to return your security deposit within 14 days, you have three primary options:

1. Contact your landlord: Like everyone else, landlords sometimes make mistakes. It’s possible your landlord just forgot to return your deposit. Often, a courteous text, phone call, or letter is enough to remind them and get your security deposit returned.
2. Write a security deposit demand letter: If a friendly text or call doesn’t do the trick, it’s probably time to write a security deposit demand letter. This letter should include information like: The address of the rental unit, the dates of the rental period, contact details, state laws requiring the return of the security deposit within 14 days, the lawful penalties for not returning the security deposit, and why you deserve to be refunded. 
3. File a lawsuit in small claims court: For minor disputes, town and village courts (often referred to as “justice courts” or “small claims courts”) are the first place to consider. These courts handle small claims where the amount in controversy is $3,000 or less. If the amount you’re seeking is more than $3,000, you’ll need to find the right New York court to file your lawsuit.

Can I use my security deposit to pay my last month’s rent?

No. Under New York Law, you may not use your security deposit to pay for your last month’s rent. If you fail to pay your rent when it’s due, you risk being evicted from your apartment for nonpayment. 

Still have questions? The following resources may help:

• What Is the Statute of Limitations in New York?
• Your Guide to New York’s Court System
• New York Guide to Landlord-Tenant Laws
• Can I Take Legal Action Against My Landlord for Mold in New York?
• Essential Guide to New York Tenant Duties and Rights
• New York Rental FAQs: A Guide for Landlords and Tenants