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New York Security Deposit Limits: How Much Can a Landlord Charge?

Use this free New York security deposit limit calculator to check if your landlord is overcharging your security deposit and track the return deadline under New York law.

N.Y. Gen. Oblig. Law § 7-108(1-a)(a) & (e) Max: 1 month of rent 14-day return deadline
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Rent & Deposit Amounts

In New York, security deposits are capped at 1 month of rent. Enter your numbers to check.

How Does It Work?

1

Enter Amounts

Your monthly rent and the deposit your landlord charged.

2

Timeline

Tell us if you've moved out so we can check the return deadline.

3

Legal Analysis

We check the deposit limit and calculate the exact return date.

How Much Can a Landlord Charge for a Security Deposit in New York?

$
Maximum Deposit Capped at 1 month of rent.
Return Deadline 14 days after move-out to return the deposit.

Legal basis: N.Y. Gen. Oblig. Law § 7-108(1-a)(a) & (e).

Owner-occupied exception: Properties with fewer than 3 units where the owner lives on-site may be exempt from the standard 1-month deposit cap under limited circumstances. This is a narrow exception — not the general rule. If you believe this applies to your situation, we recommend verifying with a local tenant attorney or your municipality's housing office.

%
Is your deposit earning interest? For buildings with 6+ units, NY law requires landlords to deposit security funds in an interest-bearing account — check our Security Deposit Interest Calculator to see what you may be owed.

How New York Security Deposit Limits Work

Under New York General Obligations Law § 7-108, landlords may collect a maximum of one month's rent as a security deposit. This cap applies to all residential leases statewide — there are no exceptions for furnished apartments, pet deposits, or luxury units. The one-month limit was strengthened by the Housing Stability and Tenant Protection Act of 2019, which eliminated the previous practice of landlords collecting multiple months upfront.

New York also imposes one of the shortest return deadlines in the country: landlords must return the deposit within 14 days of move-out — not 30 days, which is a common misconception. If the landlord makes any deductions, they must provide an itemized statement explaining each charge. Failure to return the deposit or provide an itemization within the 14-day window may entitle the tenant to the full deposit amount plus potential penalties.

Important: the deposit must be held in a bank account separate from the landlord's personal funds. Commingling the deposit with operating accounts is a violation that can forfeit the landlord's right to retain any portion of the deposit, regardless of actual damages to the unit.

Example: Is Your NY Deposit Legal?

Your monthly rent is $2,200, and your landlord collected $4,000 upfront as a "security deposit plus move-in fee."

Maximum legal deposit: 1 × $2,200 = $2,200
Amount collected: $4,000
Overcharge: $4,000 − $2,200 = $1,800 over the legal limit

Your landlord collected $1,800 more than the law allows. Under § 7-108, you can demand the excess back immediately — you don't have to wait until move-out.

Frequently Asked Questions

What happens if my landlord does not return my security deposit in 30 days in NYC?

This question contains a common misconception. New York's return deadline is actually 14 days, not 30. Under GOL § 7-108(1-a)(e), your landlord must return your security deposit within 14 days of the end of your tenancy, along with an itemized statement of any deductions. If they miss this 14-day deadline, you may be entitled to the full deposit amount regardless of any claimed damages. You should send a written demand letter via certified mail citing the statute and the missed deadline.

Can I use my security deposit for last month's rent in New York?

Generally, no. Your security deposit belongs to the landlord as a guarantee against damages and unpaid rent — it is not a prepayment of your last month's rent. If you withhold rent and tell your landlord to "use the deposit," you may face an eviction proceeding for non-payment. The proper process is to pay all rent through your move-out date and then receive your deposit back (minus legitimate deductions) within 14 days.

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

Under GOL § 7-108(1-a)(e), landlords in New York have exactly 14 days after the tenant vacates to return the security deposit. This is one of the shortest deadlines in the country. The landlord must also provide an itemized statement of any deductions. This 14-day rule applies statewide — not just in New York City.

Can a New York landlord charge more than one month's rent for a security deposit?

No. Since the 2019 Housing Stability and Tenant Protection Act, New York law caps the security deposit at exactly one month's rent. Landlords cannot collect additional amounts under labels like "move-in fee," "pet deposit," or "last month's rent" to circumvent this cap. Any amount collected above one month's rent as a deposit is illegal and must be returned to the tenant.

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Disclaimer and Legal Notice

This website provides general estimates and approximations based on local state laws. The figures shown do not constitute formal legal advice, do not represent an official accounting calculation, and do not establish any attorney-client relationship.

Rent laws are complex and subject to change. We urge you to consult with a qualified attorney in your jurisdiction regarding any legal disputes or before taking legal action. Data sources include official state housing finance agencies, attorney general offices, and local statutes.