New York Security Deposit Demand Letter
In New York a landlord must return your security deposit with an itemized statement within 14 days of move-out, or forfeit the right to keep any of it. A willful violation can add up to twice the deposit. Attorney review available.
Introduction
A security deposit demand letter is a written demand a New York tenant sends a former landlord to recover a security deposit that has not been returned, before filing in small claims court. In New York the landlord must, within 14 days after the tenant vacates, provide a written itemized statement of the basis for any amount retained and return the rest of the deposit, and a landlord who fails to provide the statement and deposit within those 14 days forfeits any right to retain any portion of the deposit (N.Y. General Obligations Law Section 7-108(1-a)(e)). A landlord may retain money only for the reasonable and itemized costs of unpaid rent, damage the tenant caused beyond normal wear and tear, unpaid utility charges payable directly to the landlord under the lease, and moving and storage of the tenant's belongings, and may not keep any amount for ordinary wear and tear or for damage caused by a prior tenant (Section 7-108(1-a)(b)). Any person who violates the section is liable for actual damages, and a person found to have willfully violated it is liable for punitive damages of up to twice the amount of the deposit (Section 7-108(1-a)(g)). Any agreement waiving these rights is absolutely void (Section 7-108(3)). If the demand is ignored, a New York tenant can sue in small claims court, where in New York City an individual may claim up to $10,000 (N.Y.C. Civil Court Act Section 1801), and the deadline to sue on a written lease is six years (CPLR Section 213(2)). DocDraft builds your New York security deposit demand letter from your facts, with attorney review available before you send it.
Key Things to Know
- 1
A security deposit demand letter is a written demand a New York tenant sends a former landlord to recover a deposit withheld past the state deadline, before taking the landlord to small claims court.
- 2
Within 14 days after the tenant vacates, the landlord must provide a written itemized statement of any amount retained and return the rest; a landlord who misses that 14-day deadline forfeits any right to retain any portion of the deposit (N.Y. General Obligations Law Section 7-108(1-a)(e)).
- 3
A landlord may retain money only for the reasonable, itemized costs of unpaid rent, tenant-caused damage beyond normal wear and tear, unpaid utility charges payable directly to the landlord under the lease, and moving and storage of the tenant's belongings (Section 7-108(1-a)(b)).
- 4
The landlord may not keep any amount for ordinary wear and tear of occupancy or for damage caused by a prior tenant, and any agreement waiving these rights is absolutely void (Section 7-108(1-a)(b), (3)).
- 5
After notice to end the tenancy, the landlord must tell the tenant in writing of the right to a pre-move-out inspection and, after it, give an itemized statement of proposed deductions with a chance to cure before move-out (Section 7-108(1-a)(d)).
- 6
Any person who violates the section is liable for actual damages, and a person found to have willfully violated it is liable for punitive damages of up to twice the amount of the deposit (Section 7-108(1-a)(g)).
- 7
If the demand is ignored, a New York tenant can sue in small claims court, where in New York City an individual may claim up to $10,000 (N.Y.C. Civil Court Act Section 1801); the deadline to sue on a written lease is six years (CPLR Section 213(2)).
Key decisions before you file
Before you file a Security Deposit Demand Letter in New York, a few decisions shape the document: which option to choose and what each one means. The Security Deposit Demand Letter guide walks through them.
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New York Requirements for Security Deposit Demand Letter
Within 14 days after the tenant vacates, a New York landlord must provide a written itemized statement of any amount retained and return the rest; a landlord who misses that deadline forfeits any right to retain any portion of the deposit (N.Y. General Obligations Law Section 7-108(1-a)(e)). Your demand letter should state that this deadline has passed.
A New York landlord who keeps any part of the deposit must provide a written itemized statement indicating the basis for the amount retained, within the same 14 days (N.Y. General Obligations Law Section 7-108(1-a)(e)). Failure to provide the statement and deposit within 14 days forfeits the right to retain any portion.
A New York landlord may retain money only for the reasonable, itemized costs of unpaid rent, tenant-caused damage beyond normal wear and tear, unpaid utility charges payable directly to the landlord under the lease, and moving and storage of the tenant's belongings (N.Y. General Obligations Law Section 7-108(1-a)(b)). Deductions outside these categories can be disputed.
A New York landlord may not keep any amount of the deposit for costs relating to ordinary wear and tear of occupancy or for damage caused by a prior tenant (N.Y. General Obligations Law Section 7-108(1-a)(b)). Charges for normal use, such as worn carpet or faded paint, are improper.
After notice to end the tenancy, a New York landlord must tell the tenant in writing of the right to a pre-move-out inspection, held no earlier than two weeks and no later than one week before the end of the tenancy on at least 48 hours written notice, and after it give an itemized statement of proposed deductions with a chance to cure (N.Y. General Obligations Law Section 7-108(1-a)(d)).
Any person who violates the section is liable for actual damages, and a person found to have willfully violated it is liable for punitive damages of up to twice the amount of the deposit (N.Y. General Obligations Law Section 7-108(1-a)(g)). The 2x punitive award requires a finding of willfulness, so it is not automatic.
Any agreement by a New York tenant waiving or modifying the rights set forth in the security-deposit section is absolutely void (N.Y. General Obligations Law Section 7-108(3)). A lease clause purporting to waive these protections does not bar your claim.
If the demand is ignored, a New York tenant may sue in small claims court, where in New York City a small claim is a money-only claim not in excess of $10,000, exclusive of interest and costs (N.Y.C. Civil Court Act Section 1801). The deadline to sue on a written lease is six years (CPLR Section 213(2)), though filing promptly after the demand is the practical course.
Frequently Asked Questions
It is a written demand a New York tenant sends a former landlord to recover a security deposit the landlord did not return within the 14 days that N.Y. General Obligations Law Section 7-108(1-a)(e) allows. The letter states the amount owed, disputes any improper deductions, and asks for payment by a set date. It documents that you asked for the deposit before filing in small claims court, and it can note that missing the 14-day deadline forfeits the landlord's right to keep any of it.
A New York security deposit demand letter is an informal written request that costs nothing to send and asks the landlord to pay before any case is filed. Small claims court is a formal case you file, usually after the demand is ignored, where in New York City an individual may claim up to $10,000 (N.Y.C. Civil Court Act Section 1801). The demand letter often resolves the dispute on its own, and if it does not, it becomes evidence that you tried to settle first.
In New York the landlord must, within 14 days after the tenant vacates, provide a written itemized statement of any amount retained and return the remaining deposit (N.Y. General Obligations Law Section 7-108(1-a)(e)). A landlord who fails to provide the statement and deposit within those 14 days forfeits any right to retain any portion of the deposit. If 14 days pass with no statement and no deposit, a demand letter is the usual next step before small claims court.
Any person who violates N.Y. General Obligations Law Section 7-108 is liable for actual damages, and a person found to have willfully violated it is liable for punitive damages of up to twice the amount of the deposit (Section 7-108(1-a)(g)). The 2x punitive award turns on a finding of willfulness, so it is not automatic. Separately, missing the 14-day deadline forfeits the landlord's right to retain any portion of the deposit. Citing these consequences in your demand letter strengthens it.
A New York landlord may retain money only for the reasonable, itemized costs of unpaid rent, damage the tenant caused beyond normal wear and tear, unpaid utility charges payable directly to the landlord under the lease, and moving and storage of the tenant's belongings (N.Y. General Obligations Law Section 7-108(1-a)(b)). The landlord may not keep any amount for ordinary wear and tear or for damage caused by a prior tenant. Deductions outside these categories can be disputed in your demand letter.
Yes. Within 14 days after the tenant vacates, a New York landlord must provide a written itemized statement indicating the basis for any amount of the deposit retained, and return any remaining portion (N.Y. General Obligations Law Section 7-108(1-a)(e)). A landlord who fails to provide that statement and deposit within 14 days forfeits any right to retain any portion of the deposit, which can make the entire deposit recoverable.
In New York City, a small claim is a cause of action for money only not in excess of $10,000, exclusive of interest and costs (N.Y.C. Civil Court Act Section 1801). A deposit claim can include the withheld deposit plus, where the violation was willful, punitive damages of up to twice the deposit under N.Y. General Obligations Law Section 7-108(1-a)(g). The deadline to sue on a written lease is six years (CPLR Section 213(2)), though sending your demand letter and filing promptly is the practical approach.
A New York demand letter should identify you and the landlord, give the rental address and the dates of the tenancy, state the deposit amount and your forwarding address, and note that the 14-day deadline under N.Y. General Obligations Law Section 7-108(1-a)(e) has passed, forfeiting the landlord's right to retain any portion. It should dispute any improper deductions, state the exact amount owed, and demand payment by a specific date. Referencing the up-to-2x punitive damages for a willful violation under Section 7-108(1-a)(g) reinforces the demand.