New York Security Deposit 14-Day Deadline: Itemized Deductions, Walkthrough & Full-Return Rule

The short answer

For dwelling units covered by New York General Obligations Law section 7-108(1-a), the landlord must provide an itemized statement showing the basis for any amount retained and return the remaining security deposit within 14 days after the tenant vacates. The statute says that if the landlord fails to provide both the statement and deposit within that 14-day period, the landlord forfeits the right to retain any portion of the deposit.

That rule should not be generalized to every New York rental without checking coverage. The statute is titled for non-rent-stabilized dwelling units, and the New York Attorney General describes the 14-day return rule under its guidance for non-regulated units. Rent-stabilized, rent-controlled and other specially regulated housing can require a separate analysis.

First confirm that the 14-day rule covers the rental

Section 7-108 contains the modern security-deposit protections discussed here, including the one-month deposit limit, move-in inspection option, pre-move-out inspection process, itemized deduction rules and 14-day settlement deadline. But the statute contains exclusions, and its current heading expressly refers to deposits made by tenants of non-rent-stabilized dwelling units.

The Attorney General's current Residential Tenants' Rights Guide likewise places the 14-day rule under the heading 'Getting Your Security Deposit Back – Non-Regulated Units.' Before applying the deadline to a regulated apartment, subsidized program or specialized housing arrangement, verify the unit's regulatory status and the rule that actually governs that tenancy.

What must happen within 14 days after the tenant vacates?

Section 7-108(1-a)(e) requires the landlord, within 14 days after the tenant has vacated, to provide an itemized statement indicating the basis for any part of the deposit retained and to return the remaining portion of the deposit.

The statute then states a specific consequence for missing that requirement: if the landlord fails to provide the statement and deposit within 14 days, the landlord forfeits the right to retain any portion of the deposit. That is different from the separate punitive-damages rule, which requires a willful violation.

What deductions can be taken from a covered deposit?

For covered units, section 7-108 allows reasonable and itemized retention for unpaid rent, tenant-caused damage beyond normal wear and tear, unpaid utility charges that the lease or tenancy requires the tenant to pay directly to the landlord, and qualifying moving and storage costs for the tenant's belongings.

The statute says the landlord may not retain deposit money for ordinary wear and tear or for damage caused by a prior tenant. A deduction dispute should therefore be tied to the actual condition, lease obligations and supporting records rather than a generic cleaning or repair charge.

New York also provides a pre-move-out inspection process

After either party gives notice of an intention to terminate the tenancy, the landlord generally must notify the tenant in writing of the right to request a pre-move-out inspection and the right to be present, unless the tenant gives less than two weeks' notice of termination.

If the tenant requests the inspection, the statute places it no earlier than two weeks and no later than one week before the end of the tenancy and requires at least 48 hours' written notice of the inspection date and time. Afterward, the landlord must identify proposed repair or cleaning deductions, and the tenant has an opportunity to cure those conditions before the tenancy ends.

Missing the deadline and willful misconduct are separate remedy questions

The 14-day subsection says a landlord who fails to provide the statement and deposit within the deadline forfeits the right to retain any portion of the deposit. In a dispute over the amount retained, the statute places the burden on the landlord to prove the reasonableness of the amount kept.

A separate subsection provides actual damages for violations and permits punitive damages of up to twice the amount of the deposit or advance when a violation is found to be willful. Do not describe double damages as automatic merely because the 14-day deadline is disputed; willfulness is an additional issue.

The current law is still 14 days despite a pending 30-day proposal

As of September 18, 2026, New York Senate Bill S4856 and Assembly Bill A2652 propose changing the statutory return period from 14 days to 30 days, but the current legislative pages show those bills still in committee rather than enacted.

The current text of General Obligations Law section 7-108 therefore still uses 14 days. This is a good example of why a proposed bill, headline or social-media post should not replace checking the current enacted statute before calculating a deadline.

What records should a tenant or landlord preserve?

Keep the signed lease, proof of the original deposit, move-in inspection agreement if one exists, notice ending the tenancy, the landlord's written notice of inspection rights, inspection scheduling messages, the pre-move-out itemization, photographs or video, key-return or surrender evidence, the final itemized statement, refund payment, invoices or receipts, and the envelope, email or portal timestamp showing when the final accounting was sent.

Those records help establish coverage, the date the tenant vacated, whether the walkthrough process occurred, the condition of the unit, the basis for deductions and whether the 14-day settlement requirement was met.

Use Max Rental Tools to organize the move-out file

Max Rental Tools includes a Move-In Condition Report, Move-Out Condition Report, Security Deposit Itemization and Security Deposit Refund Statement. Those documents can help organize the evidence and settlement record, while New York General Obligations Law section 7-108 and current Attorney General guidance remain the controlling sources for the legal requirements described here.