How long does a New York landlord have to return the security deposit?

GOL § 7-108(1-a)(e) requires the landlord to provide an itemized statement and return any remaining portion of the deposit within 14 days after the tenant has vacated. The tenant does not have to ask first. A landlord who misses the 14 days forfeits any right to retain any portion of the deposit.

Does New York law require receipts for each deduction?

No statute sets a dollar threshold for attaching receipts. But under GOL § 7-108(1-a)(f) the landlord bears the burden of proof as to the reasonableness of any amount retained, so keep the receipt, invoice or estimate behind every deduction.

What counts as normal wear and tear in New York?

Normal wear and tear is the deterioration that occurs in normal residential use without negligence, abuse, or intentional damage. Examples: minor scuffs, fading paint, small nail holes from picture hanging, light traffic-pattern wear in carpet. Damage is anything beyond normal wear: large holes, broken fixtures, pet damage, water damage, significant cleaning needs, missing items. GOL § 7-108(1-a)(b) bars retaining any amount for ordinary wear and tear of occupancy or for damage caused by a prior tenant.

Can the landlord charge for cleaning?

Cleaning is not one of the four categories in GOL § 7-108(1-a)(b). A cleaning charge has to be justified as repairing damage caused by the tenant beyond normal wear and tear — heavy grease, pet contamination, a unit left full of debris — not routine turnover cleaning. Describe it specifically and keep the invoice.

What happens if a New York landlord misses the 14-day deadline?

The landlord forfeits any right to retain any portion of the deposit (GOL § 7-108(1-a)(e)). A violation also makes the landlord liable for actual damages, and a willful violation for punitive damages of up to twice the deposit (§ 7-108(1-a)(g)).

Can the landlord charge for repainting?

Only if there is specific damage beyond normal wear and tear that requires the repaint. Paint has a useful life of approximately 2–4 years for residential rentals; a tenant of three years generally should not be charged for repainting at lease end if the paint shows only normal wear. If the tenant caused specific damage (large stains, holes, smoke discoloration), the cost of repairing the specific damage is chargeable, but full repainting of a unit already due for repaint is not.

What if the tenant did not provide a forwarding address?

Send the statement and balance to the last address you have for the tenant, which may be the rented unit, by a method that proves the date (certified mail). GOL § 7-108(1-a)(e) does not pause the 14 days for a missing forwarding address.

Can the landlord deliver the itemized statement by email?

GOL § 7-108(1-a)(e) does not name a delivery method, but the landlord must be able to show the statement and deposit were provided within 14 days. Use certified mail or personal delivery and treat email as a courtesy copy.

What if the deductions exceed the deposit?

The itemized statement should still be delivered within 14 days, showing the deductions and the resulting balance owed by the tenant. The landlord can pursue the balance through small claims court (or a general civil action if the amount exceeds the small claims limit). The procedural requirements — specific descriptions, supporting documentation, timely delivery — are unchanged whether the result is a refund to the tenant or a balance owed by the tenant.

How long should I retain the documents?

Retain the itemized statement, receipts and estimates, move-in and move-out checklists, photographs, and proof of delivery until any deposit dispute has been fully resolved.

📋 New York Move-Out Forms: Security Deposit Itemization Security Deposit Itemization (All States) Move-In/Move-Out Checklist Tenant Notice to Vacate All New York Forms

Free New York Security Deposit Itemization

The itemized statement New York landlords must provide under GOL § 7-108(1-a)(e) within 14 days after the tenant vacates. What the deposit may cover, the move-in and pre-move-out inspections, the landlord’s burden of proof, and forfeiture of the right to keep any of the deposit for a late statement. Built for New York landlords.

New York GOL § 7-108 (HSTPA 2019) 14-Day Return Forfeiture Rule Free PDF 2026 Edition

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Free New York Security Deposit Itemization — overview

⏱ 14-DAY DEADLINE: GOL § 7-108(1-a)(e) requires the landlord, within fourteen days after the tenant has vacated, to provide an itemized statement indicating the basis for the amount retained and to return any remaining portion. A landlord who misses the fourteen days forfeits any right to retain any portion of the deposit.

🧾 BURDEN OF PROOF ON THE LANDLORD: In any action or proceeding disputing the amount retained, the landlord bears the burden of proof as to its reasonableness (GOL § 7-108(1-a)(f)). New York sets no dollar threshold for receipts, but a deduction you cannot document is a deduction you may not be able to defend.

⚖ STATUTORY AUTHORITY: GOL § 7-103 (deposit held in trust; bank notice; interest-bearing account for 6+ units). GOL § 7-108(1-a)(a) (one-month cap). GOL § 7-108(1-a)(b) (permitted deductions). GOL § 7-108(1-a)(c)–(d) (move-in and pre-move-out inspections). GOL § 7-108(1-a)(e) (14-day statement; forfeiture). GOL § 7-108(1-a)(f)–(g) (burden of proof; damages). GOL § 7-107 (parallel rules for rent-stabilized units).

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The Security Deposit Itemization