Your landlord has exactly 14 days to return your security deposit in New York—and if they miss this deadline, they lose the right to keep a single penny.
Most tenants don't realize how much power they actually have when it comes to their security deposit. While you might think landlords hold all the cards, New York law puts you in the driver's seat with clear, enforceable rights that work in your favor.
Here's what the law actually says: Once you move out of your New York rental, your landlord must return your security deposit within 14 days. This isn't a suggestion or a guideline—it's a legal requirement under the Housing Stability and Tenant Protection Act of 2019.
But here's where it gets interesting for you as a tenant. If your landlord plans to keep any portion of your deposit, they can't just pocket the money and stay silent. They must provide you with an itemized statement explaining exactly what they're charging you for within those same 14 days.
This means they need to document:
This is where New York law truly protects you. If your landlord fails to return your deposit or provide that itemized statement within 14 days, they automatically forfeit their right to keep any of your money.
Read that again: They must return your full deposit.
It doesn't matter if there was actual damage. It doesn't matter if you owed rent. Once they blow past that 14-day deadline without proper documentation, they've lost their legal standing to withhold your deposit.
Smart tenants document everything. Here's your pre-move checklist:
In buildings with six or more units, your security deposit isn't just sitting there—it's earning interest that belongs to you. Your landlord must return not only your deposit but also any interest earned, following specific New York regulations for how that interest is calculated and distributed.
When your landlord violates the 14-day rule, you have clear paths to get your money back:
Small Claims Court: You can sue for up to $10,000 in Small Claims Court without needing a lawyer. The process is straightforward, and judges are familiar with security deposit violations.
New York State Attorney General: File a complaint with the AG's office, which handles tenant protection violations. They have the power to investigate and take action against repeat offenders.
Legal Support: Many tenants don't realize they may be entitled to additional damages beyond just their deposit return when landlords violate these laws.
Landlords often try these tactics, but New York law doesn't care about their excuses:
Your security deposit isn't a gift to your landlord—it's your money, protected by clear New York State law. The 14-day rule isn't just a deadline; it's your leverage. When landlords know you understand this law, they're far more likely to comply.
Remember: Documentation wins cases. Knowledge prevents problems. And when landlords violate the 14-day rule, they've already lost.
Find out if you have a case in 30 seconds - If your landlord has missed the 14-day deadline or you're approaching it without hearing from them, you may already have a winning case. Take our free assessment to understand your options and potential compensation.
Note: This article covers rentals leased on or after July 14, 2019, under the Housing Stability and Tenant Protection Act. Different rules may apply to older leases.
