Security Deposit Q&A

Helpful Info for Renters in New York

Disclaimer: This guide gives general information, not legal advice. Every situation is different. For legal help, please call our Housing Preservation Line at (315) 793-7083.

Q1: What is a security deposit?

A security deposit is money you give your landlord when you move in. It can be used to pay for damage beyond normal wear and tear, unpaid rent, utility bills you were supposed to pay to the landlord, and moving/storage costs for your stuff if you leave it behind. If everything’s fine when you move out, you should get your deposit back.

Q2: How much can my security deposit be?

It can’t be more than one month’s rent. Even if your credit isn’t perfect, landlords can’t ask for more.

Example:  If your rent is $1000/month, the max security deposit can only be $1000. Even if there is $200 pet deposit, the total max amount owed is still only $1000, not $1200.

Q3: When can a landlord keep all or part of it?

They can keep part or all of it if you didn’t pay rent, damaged the apartment (beyond normal wear and tear), left behind unpaid utility bills, or they had to pay to move or store your belongings.

Q4: Can I inspect the apartment before I move in?

Yes! After you sign the lease and before you move in, your landlord must offer you a chance to walk through the apartment together, make a written list of any existing damage, and sign the list together to avoid confusion later.

Q5: What happens with the deposit when I move out?

If you give at least 2 weeks' notice, your landlord must tell you (in writing) that you can request an inspection before you leave and be there during it. After inspection, they must give you a written list of any damage or cleaning and give you a chance to fix it.

Q6: When should I get my deposit back?

Within 14 days of moving out, your landlord must either return your full deposit or give you a written explanation of what they’re keeping and return any remaining amount. If they don’t, they lose the right to keep any of it.

Q7: What if my landlord won’t give the deposit back?

Try to work things out directly. You can also file a complaint with the New York Attorney General (online or by mail) if you weren’t returned the deposit or were charged more than one month’s rent.

For issues like damage or rent owed, go to Small Claims Court.

Q8: What is Small Claims Court?

It’s a local court where you can sue for money (up to $5,000 in City Court or $3,000 in Town/Village Court). You don’t need a lawyer.

Q9: Who can sue in Small Claims Court?

Anyone 18 or older can sue. Fill out a court form, pay a $10–$20 fee, and explain how much you’re owed and why.

Q10: What can I win in court?

You can get all or part of your deposit back. If your landlord knowingly broke the law, you might get up to 2x the deposit.

Q11: How do I prove my landlord wrongly kept my deposit?

Bring as much evidence as possible: lease copies, photos/videos, inspection reports, messages with your landlord, receipts, and witnesses. Your landlord must prove what they kept was reasonable, but you should show why it wasn’t.

Q12: What if I lose in court?

If the judge agrees with your landlord, you may get nothing back or be ordered to pay more money if they prove you owe it.

Q13: Can I appeal the decision if I lose?

Yes. File within 30 days. Appeals are complicated, and you should reach out for legal help.  Call our Housing Preservation Line at (315) 793-7083.