NYC Security Deposit 14-Day Rule: Move-Out and Refund Guide
TL;DR: For a covered New York rental, the landlord must return the remaining security deposit and send an itemized statement for any deductions within 14 days after the tenant has vacated. If the landlord misses that deadline, the statute says the landlord forfeits the right to keep any part of the deposit. Coverage is not identical for every apartment, so confirm whether your unit is non-rent-stabilized, rent-stabilized, or rent-controlled before relying on the rule.
New York's security-deposit deadline is a 14-day rule, not a vague 14-to-30-day window. For covered rentals, the clock starts after the tenant has vacated the premises. That phrase should not automatically be treated as the lease-end date or the day you hand over a key. Preserve evidence showing when you emptied the apartment, returned possession, and gave the landlord a forwarding address.
The practical goal is simple: create a clean record before move-out, know what deductions are allowed, and escalate through the right channel if the refund or itemization is late.
General information, not legal advice. Laws and agency procedures can change; recheck the linked primary sources for your unit and lease.
Does the 14-day security-deposit rule cover your NYC apartment?
Start with unit status because the governing section and transition rules differ.
Non-rent-stabilized rentals
New York General Obligations Law § 7-108 generally governs deposits for non-rent-stabilized dwelling units. Its move-out protections include the 14-day statement-and-refund deadline, a pre-move-out inspection process, limits on deductions, the landlord's burden to justify retained amounts, and potential damages.
The statute expressly excludes rent-controlled units and several residential-care or retirement categories from the subdivision containing these protections. That is why “every NYC apartment” is too broad.
Rent-stabilized rentals
General Obligations Law § 7-107 now gives rent-stabilized units parallel deposit protections, including the 14-day deadline. The amendment became effective November 15, 2025, but the enacting law says it applies to a lease, rental agreement, or renewal entered into on or after that date.
Do not assume that every rent-stabilized move-out is automatically covered merely because it occurs after November 15, 2025. Check when the relevant lease, agreement, or renewal was entered into. If you are unsure of your unit status, use our guide to verifying whether a specific NYC apartment is rent-stabilized.
Rent-controlled and other excluded units
The cited 14-day subdivision in § 7-108 excludes rent-controlled units, and § 7-107 applies specifically to rent-stabilized units. Rent-controlled tenants and residents of an expressly excluded care or retirement setting should obtain unit-specific guidance rather than assuming this deadline governs their deposit.
What exactly is due within 14 days?
For a covered rental, the landlord must do both of the following within 14 days after you have vacated:
- provide an itemized statement explaining the basis for any amount retained; and
- return the remaining portion of the deposit.
If the landlord does not provide the statement and deposit within that period, §§ 7-107 and 7-108 say the landlord forfeits the right to retain any portion of the deposit.
That is a deadline for the statement and remaining money—not merely a deadline to announce that a refund is “being processed.” Keep the envelope, email headers, payment record, and any portal timestamp showing when each item arrived.
What can the landlord deduct?
For covered units, the statutes permit reasonable, itemized costs for:
- unpaid rent;
- tenant-caused damage beyond normal wear and tear;
- utility charges payable directly to the landlord under the lease or tenancy; and
- moving or storing belongings left behind.
The landlord may not retain money for ordinary wear and tear or damage caused by a prior tenant. Whether a specific mark is damage or ordinary wear can be fact-sensitive, so dated move-in and move-out evidence matters more than generic examples.
The landlord bears the burden of proving the reasonableness of an amount retained in an action or proceeding disputing the deduction.
A move-out workflow that protects your deposit
1. Confirm the deposit and unit status
Save the signed lease, every renewal, the deposit receipt, and any bank or account notice. Write down:
- the deposit amount;
- who received it;
- the relevant lease or renewal date;
- whether the unit is non-rent-stabilized, rent-stabilized, or rent-controlled; and
- any special move-out procedure in the lease.
New York generally limits a residential security deposit to one month's rent, but the coverage details still matter. For a broader signing-cost check, see the NYC apartment move-in cost guide. For screening charges, use the NYC rental application-fee guide. A pre-lease holding payment is a different issue; use the NYC good-faith deposit guide for that situation.
2. Request the pre-move-out inspection in writing
For a covered rental, after notice that the tenancy will end, the landlord generally must notify the tenant in writing of the right to request an inspection and be present. If requested, the inspection is scheduled no earlier than two weeks and no later than one week before the end of the tenancy, with at least 48 hours' written notice.
The landlord then provides an itemized statement of repairs or cleaning proposed as deposit deductions, and the tenant has an opportunity to address those conditions before the tenancy ends. The landlord-notice requirement has an exception when the tenant terminates with less than two weeks' notice.
Use a message like this:
Subject: Request for pre-move-out inspection — [address and apartment] My tenancy is scheduled to end on [date]. I am requesting the pre-vacatur inspection and an opportunity to be present. Please send the inspection date and time in writing and provide the itemized statement of any proposed repair or cleaning deductions afterward. My current contact information is [email and phone].
Send it through a channel you can preserve. The inspection statement is an early warning; it does not replace the final itemized statement due after you vacate.
3. Build a before-and-after condition file
Gather evidence that connects the apartment's condition to specific dates:
- move-in photos, videos, and condition reports;
- repair requests and landlord responses during the tenancy;
- the pre-move-out inspection notice and proposed-deduction statement;
- wide and close-up photos of each empty room at move-out;
- appliance, window, wall, floor, and bathroom condition;
- receipts for agreed cleaning or repairs; and
- a short video showing the apartment is empty.
Do not edit the originals. Keep files with their metadata and back them up. Our NYC apartment viewing checklist can help you decide what to document at the start of the next tenancy.
4. Make the handoff date provable
The statutes use “after the tenant has vacated the premises.” They do not say that the lease-end date always controls. Reduce ambiguity by documenting the entire handoff:
- remove all belongings;
- return every key, fob, and access card through a trackable method;
- ask for written acknowledgment that possession was returned;
- send your forwarding address and preferred refund method in writing; and
- save building move-out records, delivery receipts, and communications.
A concise handoff email can say:
I vacated [address and apartment] and returned all keys on [date and time] by [method]. The apartment is empty. Please send the security-deposit balance and any itemized statement to [forwarding address/email]. Please confirm receipt of possession and the keys.
For elevator, COI, and building logistics, use the NYC moving-day guide.
5. Track Day 0 through Day 14
Record the date you can support as the date you vacated. Count the statutory period from that event, but avoid making a close-call calculation without advice if possession was disputed or the handoff was incomplete.
During the 14-day period, preserve every message and payment. When the statement arrives, compare each deduction with:
- the statutory categories;
- the inspection statement;
- your move-in and move-out evidence;
- the lease; and
- receipts or other proof of the claimed cost.
Do not treat silence as an admission that deductions are valid.
What to do if the landlord misses the deadline
Step 1: Send a focused written demand
State the facts you can prove rather than making threats. For example:
Subject: Security-deposit return — [address and apartment] I vacated the apartment and returned possession on [date]. Fourteen days have passed. I have not received [the itemized statement / the remaining deposit / either item]. For my covered rental, New York General Obligations Law [§ 7-107 or § 7-108] requires the itemized statement and remaining deposit within 14 days after vacating and states that a landlord who misses the deadline forfeits the right to retain any portion. Please return $[deposit amount] to [method/address] and confirm when it is sent. Attached are my lease, deposit proof, and handoff record.
Choose the statute only after confirming unit status and transition coverage. Keep proof of delivery. The Attorney General's complaint form asks tenants to try to resolve the matter with the landlord before submitting a complaint.
Step 2: Choose the right escalation route
The New York Attorney General accepts rent-security complaints, including complaints that a landlord failed to return a deposit after move-out. Its form warns that the office probably will not become involved when the landlord claims unpaid rent or apartment damage; those contested disputes generally must be resolved in court. Filing a complaint does not guarantee recovery or legal representation.
NYC Small Claims Court can hear money-only claims up to $10,000, excluding interest and costs. State law also allows a tenancy-related claim where the rental property is located in New York City. Check current court instructions, filing fees, service rules, and deadlines before filing.
Bring an organized packet:
- lease and renewals;
- proof of the deposit amount and payment;
- proof of unit status when relevant;
- move-in and move-out condition evidence;
- inspection communications;
- proof of when you vacated and returned possession;
- the landlord's itemization and supporting documents, if any; and
- your demand letter and proof of delivery.
The deposit statutes provide actual damages and allow punitive damages of up to twice the deposit for a willful violation. That is a possible court finding, not an automatic award. Do not present a claim as guaranteed.
If your move-out followed an early termination, also review how to break a NYC lease without penalty, because unpaid-rent and mitigation questions may affect the dispute.
NYC security-deposit FAQs
When does the 14-day security-deposit clock start?
The statutes say the deadline runs after the tenant “has vacated the premises.” Do not automatically substitute the lease-expiration date. Preserve proof of the date the apartment was empty and possession was returned, including the key handoff and written acknowledgment.
Does the 14-day rule cover rent-stabilized apartments?
Section 7-107 extends parallel protections to rent-stabilized apartments. The 2025 amendment took effect November 15, 2025 and applies to a lease, rental agreement, or renewal entered into on or after that date. Check the relevant agreement date rather than relying only on the move-out date.
Does it cover rent-controlled apartments?
The subdivision of § 7-108 containing the 14-day rule expressly excludes units subject to the city rent and rehabilitation law or emergency housing rent control law. Section 7-107 covers rent-stabilized, not rent-controlled, units. Seek unit-specific guidance.
Can a landlord charge for ordinary wear and tear?
Not under the cited protections. Covered deductions may include reasonable, itemized costs for tenant-caused damage beyond ordinary wear, but not ordinary wear itself or prior-tenant damage. Evidence is essential when the condition is disputed.
What if the landlord sends deductions but not the remaining money?
For covered rentals, the statute requires both the itemized statement and return of the remaining deposit within 14 days after vacating. Save proof of what arrived and when, then make a written demand based on the missing item.
Is double damages automatic if the landlord is late?
No. The statutes provide actual damages and permit punitive damages of up to twice the deposit for a willful violation. Whether a violation was willful and what damages are awarded are matters for a court.
Should I file an Attorney General complaint or go to Small Claims Court?
The Attorney General investigates rent-security complaints and requires a prior attempt to resolve the matter. Its form says disputes involving claimed damage or unpaid rent generally belong in small claims court. Review the official intake and court rules for your facts; neither route guarantees recovery.
The short checklist
Before moving out:
- confirm unit status and the relevant lease or renewal date;
- request the inspection in writing;
- preserve the proposed-deduction statement;
- photograph and video the empty apartment;
- return possession through a trackable handoff; and
- provide a forwarding address in writing.
After moving out:
- record the supported vacate date;
- track the 14-day deadline;
- compare every deduction with the law and your evidence;
- send a written demand if either the statement or refund is missing; and
- use the official complaint or court route suited to the dispute.
RentReboot can help you find the next apartment sooner. Create your rental alert, then use this checklist to close out the old lease with a better paper trail.
Primary sources
Accessed July 25, 2026. Revalidate before relying on a deadline or filing procedure.
- New York General Obligations Law § 7-108 — deposits for non-rent-stabilized dwelling units — New York State Senate; current statute page, most recent revision shown as March 4, 2022.
- New York General Obligations Law § 7-107 — deposits for rent-stabilized dwelling units — New York State Senate; current statute page, most recent revision shown as November 21, 2025.
- 2025 NY Senate Bill S952B / Chapter 436 — New York State Senate; signed October 16, 2025; source for the effective date and lease/agreement/renewal transition language.
- NYC Rent Guidelines Board Security Deposits FAQ — official renter-facing summary, including current coverage warnings and complaint/court routes.
- New York Attorney General Rent Security Complaint Form — official complaint categories, prior-resolution requirement, and routing warning for disputed damage or rent.
- New York City Civil Court Act § 1801 — New York State Senate; $10,000 money-only small-claims limit and tenancy-related NYC venue language.