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NY · Security deposit

New York security deposit

New York landlord-tenant and summary-proceeding statutes is where New York sets whether there is a deposit cap, what may be deducted, and how long a landlord has to return what is left. Document the unit at move-in and move-out, return keys the way the lease requires, and keep a forwarding address. We do not reprint a number that can go stale.

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Do this today

  • Keep move-in and move-out photos, dated, of every room and the condition of walls, floors, appliances, and keys.
  • Keep the lease, the receipt for the deposit, and a record of how keys were returned.
  • Give a forwarding address in writing.
  • List each disputed deduction in one sentence with the reason.

What usually has to be proven?

A deposit dispute in New York is a records problem first. What was paid, what was deducted, what the unit looked like at both ends, and whether keys were returned as the lease required. New York landlord-tenant and summary-proceeding statutes is the chapter to open for caps, timing, and itemization — not a national chart.

Should I send a demand letter?

A calm, dated letter that lists each deduction and a way to reach you is something any renter can write. Send it in a way you can prove. Small-claims court exists in New York; whether it is worth filing, and what the court can order, is a question for legal aid or the court's own self-help materials.

Is New York State the same as New York City for renters?

No. Real Property Law and the RPAPL are statewide. NYC adds the Housing Maintenance Code, HPD, 311, and Housing Court in the five boroughs. HCR administers rent-regulated housing. Buffalo, Rochester, and the rest of the state are not HPD. Do not call NYC HPD about an upstate unit.

The New York chapter

New York landlord-tenant and summary-proceeding statutes (N.Y. Real Prop. Law Art. 7; Real Prop. Acts. and Proc. Law) is the starting point. We name it. We do not paraphrase a day-count or a dollar cap out of it.

New York's tenancy rules are spread across the Real Property Law and the Real Property Actions and Proceedings Law, and the Attorney General publishes a Residential Tenants' Rights Guide. New York City and several counties have additional regulated-housing systems.

New York City has its own rent-stabilization system, housing court, and housing maintenance code. Some other counties and municipalities have adopted rent regulation as well. Whether a particular building is regulated is a building-by-building question.

Official sources

Common questions

Is there a national cap on security deposits in New York?

No. Any cap, any itemization rule, and any return deadline for New York live in New York landlord-tenant and summary-proceeding statutes — sometimes in a city rule too. This site does not reprint them.

Can my landlord in New York keep the deposit for normal wear?

Ordinary wear and damage are different ideas in most states. What counts as each is a New York and facts question. Photos from move-in and move-out are what make that argument possible.

Where do I confirm the New York deposit rule?

Open New York landlord-tenant and summary-proceeding statutes, or take the file to legal aid. A city housing department may add rules the state does not.

Is New York State the same as New York City for renters?

No. Real Property Law and the RPAPL are statewide. NYC adds the Housing Maintenance Code, HPD, 311, and Housing Court in the five boroughs. HCR administers rent-regulated housing. Buffalo, Rochester, and the rest of the state are not HPD. Do not call NYC HPD about an upstate unit.

The national security deposit guide has the full sequence. Open the security deposit guide

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Last reviewed 8 September 2026. Legal information, not legal advice. Not a law firm. hello@renterprotection.org