New York · Tenant Rights
New York Security Deposit Rights for Renters
A renter-focused guide to New York’s one-month deposit limit, move-out inspection, deductions, return rules, and records to preserve.
The one-month limit
The New York Attorney General explains that a residential security deposit generally cannot exceed one month’s rent. A landlord cannot avoid that limit by requiring both last month’s rent and a separate security deposit as a condition of the lease.
Security deposits remain tenant funds and must be handled separately from the landlord’s own money. Additional account and interest rules apply to buildings with six or more apartments.
Request a move-out inspection
A tenant planning to leave can ask the landlord to inspect the home before move-out and may attend. The inspection gives the landlord an opportunity to identify proposed cleaning or repair issues so the tenant can address them when appropriate.
Photograph the condition after belongings are removed, retain the move-in condition record, and provide a reliable forwarding address.
Return and itemization
For non-regulated units, the Attorney General’s guide states that a landlord must return the deposit within 14 days after move-out. If money is withheld for damage, the landlord must provide an itemized statement describing the damage and cost within that period.
Different timing language may apply to rent-regulated units, so tenants should confirm whether their apartment is regulated.
Disputing deductions
Compare deductions with the lease, move-in records, photographs, communications, and receipts. Ordinary wear is not the same as tenant-caused damage. Put a disagreement and demand for payment in writing and keep proof of delivery.
The New York Attorney General identifies a rent security complaint and court remedies as possible options. Deliberate violations may expose a landlord to additional damages, but results depend on the facts.