Getting Your Security Deposit Back When You Move Out in New York

Updated October 11, 2026

For many renters the security deposit is the biggest check of the whole move. New York State law sets clear rules for getting it back. Here is a plain summary, and what you can do on moving day to avoid damage charges.

This page is general information, not legal advice.

The rules in short

New York General Obligations Law section 7-108 and the Attorney General's guide to the 2019 rent law changes say:

A security deposit cannot be more than one month's rent (there are a few exceptions).
Before you move out, you can ask the landlord to inspect the apartment and tell you what needs to be fixed or cleaned. If you ask, the inspection takes place no earlier than two weeks and no later than one week before the end of the tenancy, with at least 48 hours' written notice, and you may be present.
You can then fix those items yourself before you leave.
Within 14 days after you move out, the landlord must give you an itemized statement of anything kept, and return the rest. If the landlord does not, the landlord loses the right to keep any part of the deposit.
The landlord may keep money only for unpaid rent, damage beyond normal wear and tear, unpaid utility charges owed to the landlord under the lease, and the cost of moving and storing the tenant's belongings.
A landlord who breaks the law on purpose can owe up to twice the deposit.

Rent-controlled apartments and a few other kinds of housing have their own rules. If that is you, ask before you rely on this summary.

Before the inspection

Ask for the inspection in writing. Take dated photos and a short video of every room, the floors, the walls and the appliances, both before and after you clean. Fix small things on the landlord's list, such as nail holes or a missing shelf, and keep the receipts.

On moving day: protect floors and walls

Doorways, hallways and stairs are the easiest places to scrape. Ask the movers how they protect furniture, door frames and floors, and point out tight turns before the first piece goes out. Take the bed and large tables apart, so they do not scrape the walls. Walk through the empty apartment with your phone camera before you hand in the keys.

After you move out

Give the landlord your new address in writing and keep a copy. Count 14 days from the day you moved out. If you do not receive your deposit or an itemized statement, the New York State Attorney General says its office may be able to help through a rent security complaint.

Common questions

How much can a New York landlord charge as a security deposit?

No more than one month's rent, with a few exceptions in the law.

How long does a landlord have to return my deposit?

14 days after you move out, with an itemized statement for anything the landlord keeps.

Can I ask for an inspection before I move out?

Yes. The landlord must tell you what needs fixing or cleaning, and you may be present.

What if the landlord keeps the deposit without a statement?

The law says the landlord then loses the right to keep any part of it. The Attorney General may be able to help.

Get your written estimate

Call (718) 477-4177 or send the quote form with both addresses, the floors, elevator or stairs, your date and your main items. You get a written estimate before moving day. The Best Cheap Movers NYC is part of A & A Alliance Moving Inc, a family business since 1999; licenses and history are on our company facts page.

Rules and city services change. We checked the official links on this page on October 11, 2026; confirm on the linked page before you book.

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