Security deposit laws by state › New York
New York Security Deposit Law and Move-In Costs (2026)
New York caps the security deposit at 1 month's rent and requires it back within 14 days with an itemized statement of deductions.
The rules
- Maximum deposit: 1 month's rent — One month total for deposit and advance rent combined (HSTPA 2019); rent-stabilized units follow their own rules.
- Return deadline: 14 days.
- Interest: Required. Buildings with six or more units must hold the deposit in an interest-bearing account; landlord may keep 1% as an administrative fee.
- Separate account: Required.
- Itemized deductions: Required with the refund.
- Application fee: Capped at $20 for a background/credit check, waived if the applicant supplies a recent report..
Statute: N.Y. Gen. Oblig. Law §7-108. As of October 25, 2026.
Move-in cash at $1,500/month
The most a New York landlord may demand as a deposit on this rent is $1,500.
Getting the deposit back
Document the unit's condition at move-in with dated photos, give proper notice before leaving, return the keys, and hand the landlord a forwarding address in writing — in New York and most states the return clock does not start until the landlord can reach you. Normal wear and tear cannot be deducted; damage, cleaning beyond normal use and unpaid rent can. If the deadline passes without a refund or itemized statement, small-claims court is the usual remedy, and many states add penalties of two or three times the deposit for bad-faith withholding.
Local rules
Cities and counties can add requirements on top of New York law — interest, caps, inspection rights, fee limits. Check your city's housing or rental-standards office before signing.
Sources
- N.Y. Gen. Oblig. Law §7-108
- Compared against the Nolo 50-state security-deposit charts and state housing-agency guidance.
Last reviewed October 25, 2026.