Your landlord has fourteen days. That’s it. Once you’ve vacated the apartment and turned in the keys, the clock starts — and if the landlord doesn’t return your security deposit or send you an itemized statement of deductions within fourteen days, they forfeit the right to keep any of it. The law is on your side, and as of November 15, 2025, it now covers rent-stabilized tenants too. Here’s exactly how the rule works in 2026, what landlords can and can’t deduct, and the step-by-step playbook for getting your money back.
The Fourteen-Day Rule, Explained
Under New York’s Housing Stability and Tenant Protection Act of 2019 (HSTPA), codified at Section 7-108 of the New York General Obligations Law:
“Within fourteen days after the tenant has vacated the premises, the landlord shall provide the tenant with an itemized statement indicating the basis for the amount of the deposit retained, if any, and shall return any remaining portion of the deposit to the tenant. If a landlord fails to provide the tenant with the statement and deposit within fourteen days, the landlord shall forfeit any right to retain any portion of the deposit.”
That language comes directly from the NYC Rent Guidelines Board’s Security Deposits FAQ. The fourteen-day clock starts the day you hand over possession of the unit, not the day your lease technically ends. If you moved out on May 1 and turned in keys, your landlord must send the deposit or the itemized statement by May 15.
What’s New for Rent-Stabilized Tenants (November 15, 2025)
Before late 2025, the strict fourteen-day rule applied only to non-rent-regulated apartments. Rent-stabilized tenants had thinner protections. That changed.
According to the Rent Guidelines Board, effective November 15, 2025, changes to Section 7-107 of the General Obligations Law extended these security deposit protections to rent-stabilized tenants. Owners must now:
- Return the full security deposit within fourteen days of move-out
- Keep only amounts legally allowed for unpaid rent, unpaid utilities, damages beyond normal wear and tear, and moving/storage of the tenant’s belongings
- Provide an itemized list of damages and the cost of repairs if any portion is withheld
- Honor a tenant’s right to a pre-move-out inspection if the tenant gives timely notice
- Give the tenant a chance to cure (fix) issues identified at the inspection before the tenancy ends
If you’re in a rent-stabilized apartment that you moved out of after November 15, 2025, these are your rights now. Source: NYC Rent Guidelines Board Security Deposits FAQ.
What Landlords Are Allowed to Deduct
The list is narrow and specific. A landlord can withhold deposit money only for:
- Unpaid rent
- Unpaid utilities you were responsible for
- Damage beyond normal wear and tear
- Reasonable costs to move and store any belongings you left behind
“Normal wear and tear” is the key phrase. Faded paint, minor scuffs on the floor, small nail holes from hanging pictures, lightly worn carpet — these are wear and tear. The landlord cannot charge you for them. Stains in the carpet from a spill, large holes in the wall, broken fixtures, missing appliances, or filth that requires professional cleaning beyond ordinary use — those can be deducted, with documentation.
The Pre-Move-Out Inspection (Your Best Defense)
Before you move out, you have the right to request a walkthrough inspection. This is the single most powerful tool you have. Here’s how to use it:
- Send written notice to your landlord at least a week before move-out asking for a walkthrough inspection. Email is fine; certified mail is better.
- The landlord must inspect the apartment with you (or a representative).
- After the inspection, the landlord must give you an itemized statement of what they plan to deduct.
- You then have the right to “cure” — meaning you can fix the issues yourself before the lease ends so the landlord can’t charge you for them.
This procedure was the law for non-regulated tenants under HSTPA, and as of November 15, 2025, it now applies to rent-stabilized tenants as well, per the Rent Guidelines Board.
What to Do If Your Deposit Doesn’t Come Back
If day fifteen arrives and you haven’t received your deposit or an itemized statement, your landlord has forfeited the right to keep any portion of it. That’s a statutory forfeiture — it’s not a discretionary call by a judge. Here’s the escalation ladder.
Step 1: Demand letter. Send the landlord a certified letter stating that under General Obligations Law § 7-108, they have forfeited the right to retain the deposit and you are demanding return of the full amount within ten days. Reference the statute, your move-out date, and the fourteen-day window.
Step 2: File a complaint with the NYS Attorney General. The Attorney General’s office investigates security deposit complaints, especially failure to place deposits in trust accounts, failure to pay interest, and failure to return deposits. Use the Attorney General’s Online Rent Security Complaint Form. You must first attempt to resolve the matter with your landlord — your demand letter counts.
Step 3: File in Small Claims Court. If the landlord is withholding the deposit because of alleged damage or unpaid rent, the Attorney General can’t force the issue — you’ll need Small Claims. Filing fee in NYC Small Claims is currently $15 to $20. You can sue for up to $10,000 in NYC. Bring your lease, photos of the apartment at move-in and move-out, your demand letter, and proof of when you turned in keys.
Step 4: Ask for punitive damages. Under HSTPA, if a court finds the landlord willfully violated the fourteen-day rule, the court may award the tenant up to twice the amount of the deposit in punitive damages. Make the punitive claim explicit in your Small Claims filing.
Documentation You Should Have Already
The tenants who get full deposits back are the ones who documented everything. Going forward:
- Photograph or video every room on move-in day, with a timestamp
- Note every existing scratch, stain, dent, or appliance issue in writing and send it to the landlord by email within the first week
- Save your lease, all rent receipts, and every email or text from the landlord
- On move-out day, photograph and video the apartment again before you hand over keys
- Record the exact date and time you returned the keys (an email confirmation is ideal)
Interest on Your Deposit
If you live in a building with six or more units, your landlord is required to keep your deposit in an interest-bearing account at a New York State bank, and you’re entitled to the annual interest, minus 1% the owner can keep for administrative costs. The landlord must give you the name and address of the bank. If they never told you, ask in writing — and if they ignore you, the Attorney General handles this category of complaint.
Action Steps
- If you’re moving out: request a pre-move-out inspection in writing at least a week before you leave.
- Document the apartment’s condition with timestamped photos at move-in and move-out.
- Track your move-out date precisely — the fourteen-day clock starts when you give back possession.
- If day fifteen passes with no deposit and no itemized statement, send a certified demand letter citing General Obligations Law § 7-108.
- File with the NYS Attorney General at formsnym.ag.ny.gov for trust-account or non-return complaints.
- For disputed damages or unpaid rent claims, file in NYC Small Claims Court and ask for double the deposit in punitive damages.
The fourteen-day rule is one of the cleanest, most enforceable tenant protections New York has. Landlords who blow the deadline forfeit the deposit. Tenants who document carefully and move quickly get their money back — often with interest, and sometimes doubled.

