States/New York/Security Deposit
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New York renter guide

New York Security Deposit Rules (2026)

New York General Obligations Law § 7-108 generally limits covered residential deposits to one month’s rent, bars deductions for ordinary wear and tear, and requires a prompt itemized accounting after move-out.

Last reviewed: August 30, 20262 official sources cited
General deposit cap1 month’s rent

Subject to statutory exclusions and special categories.

Covered move-out accounting14 days

The landlord must return the remaining deposit and itemize retained amounts within 14 days after the tenant vacates.

Ordinary wear and tearNot deductible

The statute prohibits retention for ordinary wear and tear.

Disputed retentionLandlord bears proof burden

The statute places the burden of proving reasonableness on the landlord in a dispute.

What may be retained

For covered units, § 7-108 permits reasonable and itemized retention for unpaid rent, tenant-caused damage beyond normal wear and tear, qualifying utility charges payable directly to the landlord, and moving/storage of tenant belongings.

What to keep

  • Move-in condition agreement and photos.
  • Move-out photos and inspection paperwork.
  • The itemized deposit statement.
  • Invoices or records supporting deductions.
  • Proof of the date you vacated.
Confirm the unit’s status. New York rent regulation and special housing categories can affect the rules. This page summarizes the cited statewide sources and is not legal advice.

Official sources

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