Statutory authority: N.Y. Real Prop. Law § 227-e (HSTPA 2019) — eviction notice: N.Y. Real Prop. Law § 711
Security Deposit Rules in New York
Under N.Y. Real Prop. Law § 227-e (HSTPA 2019), landlords in
New York may collect a security deposit of no more than
1.00 months' rent.
At the statewide median gross rent of $1,466/month, that cap
works out to approximately $1,466.
The deposit must be returned within 14 days after the tenancy ends, together with a written, itemized list of any deductions.
What Can a Landlord Deduct?
Landlords in New York may lawfully deduct from the security deposit for: unpaid rent, damage to the unit beyond normal wear and tear, required professional cleaning not performed by the tenant, and unreturned keys or access devices. Deductions for ordinary wear and tear — scuff marks, minor carpet wear, faded paint — are generally not permitted under New York law.
Tenants who do not receive their deposit (or an itemized statement) by the deadline may be entitled to penalties — sometimes double or triple the withheld amount, plus attorney fees. Courts take deposit violations seriously; failure to provide an itemized list within the statutory period often forfeits the landlord's right to make any deductions at all.
How This Compares to Eviction Risk
A high security deposit limit can increase tenant financial barriers at move-in, contributing to housing instability and higher eviction rates. New York's 1.00x-month cap is one factor in our overall landlord risk score for the state.
Cities with the highest median rents — and therefore the largest absolute deposit amounts — in New York include:
Frequently Asked Questions
What is the maximum security deposit in New York?
Under N.Y. Real Prop. Law § 227-e (HSTPA 2019), landlords in New York may not charge more than 1.00 months' rent as a security deposit. Based on the state's median gross rent, that is approximately $1,466.
How long does a landlord have to return a security deposit in New York?
Landlords in New York must return the security deposit within 14 days after the tenant vacates, along with an itemized list of any deductions.
Is a landlord in New York required to pay interest on a security deposit?
Yes, New York law requires landlords to hold security deposits in an interest-bearing account and pay the accrued interest to the tenant upon return of the deposit.
What can a landlord in New York deduct from a security deposit?
Landlords in New York may typically deduct for unpaid rent, damage beyond normal wear and tear, and cleaning costs required to restore the unit to its original condition. They must provide an itemized written list of deductions. Deductions for ordinary wear and tear are generally prohibited.
Protect your deposit — and your property.
NextGen Properties handles security deposit accounting, itemization, and return deadlines to keep New York landlords compliant and out of court.
