How to get your security deposit back in NY

To get your full deposit back in New York, document the apartment when you move in, ask for the pre-move-out inspection the law gives you, fix what it finds, and give the landlord a forwarding address. If 14 days pass after you move out without your money or an itemized statement, the landlord loses the right to keep any of it, and a written demand followed by a complaint or Small Claims case usually finishes the job.

The rules are in General Obligations Law § 7-108. For the full legal summary, see security deposit rules in New York. This guide is the practical playbook, with a checklist you can tick off as you go.

The checklist

Progress is saved in this browser, so you can come back to it from move-in to move-out.

Step 1: Build your evidence at move-in

The landlord must offer you an inspection after you sign the lease and before you move in. If you ask for it, you both sign a written list of the unit's condition and any existing damage, and the landlord can't later deduct for anything on it. Ask for it every time. Then take your own dated photos and video of every room. Open the oven and fridge, run the taps, and photograph scratches, stains and cracks up close with something for scale.

If you're still hunting, the apartment viewing checklist helps you spot problems before you sign.

Step 2: Use the pre-move-out inspection

This is the most underused right in New York deposit law. Once you or the landlord give notice that the tenancy is ending, the landlord must tell you in writing that you can request an inspection before you leave (unless you gave less than two weeks' notice). If you ask:

• It must happen no earlier than two weeks and no later than one week before the tenancy ends.
• The landlord must give you at least 48 hours' written notice of the time, and you can be there.
• Afterward, the landlord must give you an itemized statement of the repairs or cleaning it proposes to charge for.
• You can fix or clean those items before you leave.

That turns a surprise bill into a to-do list. Patch the nail holes, replace the bulb, clean the oven, then photograph the result.

Step 3: Know what counts as a fair deduction

The law allows deductions only for unpaid rent, damage beyond normal wear and tear, utility charges the lease makes payable to the landlord, and moving and storing things you left behind. It bans deductions for ordinary wear and tear and for damage done by a prior tenant. The statute doesn't define "wear and tear," so these are common examples, not rules:

If a dispute reaches a court, the landlord has the burden of proving the amount kept was reasonable. Ask for receipts or invoices for every deduction.

Step 4: Move out cleanly and track the 14 days

On move-out day, take a second round of photos and video, return every key and get a written receipt, and give your forwarding address in writing (email works as a record). Within 14 days after you vacate, the landlord must either return the full deposit or send an itemized statement of what it kept and return the rest. If it misses the deadline, the statute says it forfeits any right to keep any part of the deposit. Plug your dates and amounts into the tracker below.

Step 5: Send a demand letter

If the money is late or the deductions look wrong, put your demand in writing. Keep it short and factual. A typical outline:

1. Header: your name, forwarding address, the apartment address and unit, the date.
2. Facts: lease dates, deposit amount and how you paid, the date you moved out and returned the keys.
3. The rule: under GOL § 7-108, the landlord had 14 days after you vacated to return the deposit or give an itemized statement. Say which happened: nothing arrived, or the statement lists charges that are wear and tear, pre-existing (cite the move-in list) or unsupported.
4. Your demand: the exact amount owed, including any interest due if the building has six or more units.
5. Deadline: a specific date to pay, for example 10 days from the letter.
6. Next step: that you will file a complaint with the New York Attorney General and a claim in Small Claims Court, where a willful violation can mean punitive damages of up to twice the deposit.
7. Attachments: lease, receipt, move-in list, photos, the itemized statement if any.

Send it by a method you can prove, such as certified mail with return receipt, and also by email.

Step 6: Escalate

1. 1

   File with the Attorney General

   The Attorney General directs tenants with unreturned deposits to its online Rent Security Complaint form, linked from its tenants' rights guide and from ag.ny.gov/file-complaint. You can also call 1-800-771-7755. Keep copies of your lease and proof you paid the deposit ready to attach.
2. 2

   Sue in Small Claims Court

   No lawyer needed. Ask for the deposit, any interest, and punitive damages if the landlord acted willfully. See suing for your deposit in NYC Small Claims Court.
3. 3

   If the building was sold

   A new owner that knew of your deposit is liable for it even if the seller didn't hand it over. See building sold or foreclosed.

Mistakes that cost tenants their deposit

• Skipping last month's rent and telling the landlord to "use the deposit." Unpaid rent is a lawful deduction, and it can invite a nonpayment case.
• No move-in proof. Without the signed list or photos, it's your word against the landlord's about existing damage.
• Not requesting the move-out inspection, which is the easiest way to avoid deductions.
• No forwarding address, which gives the landlord an excuse for a late refund.
• Waiting months to act. Evidence and memories fade. Send the demand soon after day 14.