Calculate Your New York Deposit Deadline & Statutory Damages
Enter your move-out / key-surrender date and deposit amount to check whether your landlord is past the New York statutory deadline under N.Y. Gen. Oblig. Law § 7-108.
New York Security Deposit Law Quick Facts
| Governing Statute | N.Y. Gen. Oblig. Law § 7-108 |
|---|---|
| Return Deadline | 14 days (14 days after tenant vacates — landlord forfeits ALL rights to retain any portion of the deposit if the 14-day itemized statement + refund is missed) |
| Maximum Deposit Cap | 1 month's rent (no pet deposit or advance last-month rent above 1 month total) |
| Bad-Faith / Late Penalty | Up to 3.0x — Actual deposit withheld plus punitive damages of up to twice the amount of the deposit (up to 3x total) for willful violation |
| Small Claims Court Limit | $10,000 |
| Interest Required? | Yes for buildings with 6 or more residential units (less 1% administrative fee) |
| Walkthrough / Inspection | Yes — landlord must notify tenant in writing of their right to a pre-move-out inspection held 1 to 2 weeks before lease end |
Example: On a $1,800 deposit wrongfully withheld past the 14-day deadline in New York, statutory provisions allow claims up to $5,400 (3.0x) in Small Claims Court (limit $10,000).
Landlord Missed the Deadline or Overcharging for Normal Wear?
Get the complete Keep the Deposit Recovery System: our 48-Hour Move-Out & Dispute Handbook, 7 Fill-in-the-Blank Statutory Demand Letters (citing N.Y. Gen. Oblig. Law § 7-108), the 50-State Reference Guide, and the Excel Prorated Depreciation Audit Workbook.
- Certified-mail demand templates for missed deadlines & itemized receipt requests
- HUD carpet, paint & appliance useful-life prorated deduction calculator (.xlsx + PDF)
- Room-by-room photo evidence log & small-claims preparation checklist
How to Dispute Unfair Carpet, Paint & Cleaning Deductions in New York
Even when a New York landlord mails an itemized list within 14 days, they cannot charge you for normal wear and tear or bill you 100% of the replacement cost for an aged asset that has already exhausted most of its useful life.
1. Useful-Life Proration
Standard apartment carpet depreciates over 5 years (60 months). If carpet was 4 years old at move-out, the maximum recoverable value is 20% — never a full replacement bill.
2. Statutory Demand Notice
Send a written demand via Certified Mail citing N.Y. Gen. Oblig. Law § 7-108 and giving a firm 7-to-10 business day deadline before filing in New York Small Claims Court.
3. Prorated Audit Calculator
Use our free Carpet & Paint Depreciation Calculator to calculate the exact legal deduction cap in seconds.