New York Deposit Itemization Law at a Glance
Governing Statute
N.Y. Gen. Oblig. Law §7-108 — Security Deposits
Itemization Requirement
Your landlord must provide an itemized statement of deductions within 14 calendar days after tenant vacating the premises.
Allowable Deductions
Unpaid rent, damages beyond reasonable wear and tear (must provide itemized receipts or estimates). Landlord cannot deduct for normal wear and tear.
Normal Wear & Tear
Reasonable and expected deterioration from ordinary, day-to-day use of the premises. Landlord cannot charge for reasonable wear and tear or conditions existing at move-in..
Penalty for Wrongful Withholding
If your landlord wrongfully withholds your deposit or fails to provide proper itemization, you may be entitled to full deposit return if itemization not provided within 14 days, plus potential punitive damages under N.Y. Gen. Oblig. Law §7-108(1-a)(e).
Key Facts
- Maximum deposit: 1 month rent (as of June 2019 Housing Stability and Tenant Protection Act)
- Itemization required: Within 14 calendar days
- Small claims limit: $10,000
- Interest on deposit: Required by statute
Additional Protections
- Landlord must provide itemized statement within 14 days
- Landlord must return deposit to the interest-bearing account
- Failure to provide itemization forfeits right to retain any portion
- Deposit limited to 1 month rent effective June 2019
What Your New York Dispute Letter Includes
Every letter is built from New York's actual statute — not a generic template.
Itemization Requirements
N.Y. Gen. Oblig. Law §7-108 cited by section number. Your landlord sees you know the specific rules they must follow.
Disputed Deductions
Each disputed charge identified with your specific reasons, tied to New York law.
Wear & Tear Standard
Reasonable and expected deterioration from ordinary, day-to-day use of the premises. Landlord cannot charge for reasonab...
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New York Deposit Itemization FAQ
What are the security deposit itemization requirements in New York?
Under N.Y. Gen. Oblig. Law §7-108, your landlord is required to provide an itemized statement of deductions within 14 calendar days after tenant vacating the premises. The itemization must list each deduction, the amount, and the reason.
What deductions can my New York landlord legally take from my deposit?
In New York, allowable deductions are limited to: Unpaid rent, damages beyond reasonable wear and tear (must provide itemized receipts or estimates). Your landlord cannot deduct for normal wear and tear.
What counts as normal wear and tear in New York?
In New York: Reasonable and expected deterioration from ordinary, day-to-day use of the premises. Landlord cannot charge for reasonable wear and tear or conditions existing at move-in.. Examples include minor scuffs on walls, worn carpet from foot traffic, faded paint, and small nail holes.
What happens if my New York landlord wrongfully withholds my deposit?
If your landlord wrongfully withholds your deposit or fails to provide proper itemization, you may be entitled to full deposit return if itemization not provided within 14 days, plus potential punitive damages under N.Y. Gen. Oblig. Law §7-108(1-a)(e). You can pursue this in small claims court.
Can I sue my landlord in small claims court in New York?
Yes. New York small claims court handles cases up to $10,000. Security deposit disputes are one of the most common small claims cases.
Do I need a lawyer to dispute deposit deductions in New York?
No. A dispute letter is a formal written challenge, not a lawsuit. You can send one yourself. Our tool generates a New York-specific dispute letter citing N.Y. Gen. Oblig. Law §7-108 and your state's itemization requirements so your landlord knows you understand your rights.
Deposit Itemization Dispute Letters by State
Select your state to see your specific rights and generate your letter.