When your landlord keeps your security deposit and fails to send an itemized statement within 14 days, they've done more than ignore paperwork—they've violated New York law in a way that costs them their right to keep any of your money.
Understanding your legal options transforms this from an frustrating situation into a straightforward case where the law heavily favors you. Here's exactly how to get your full deposit back, plus potentially more.
New York's General Obligations Law § 7-108 isn't a suggestion—it's a hard deadline that protects your security deposit. When your landlord misses it, they forfeit their legal right to withhold any portion of your deposit, regardless of actual damages.
What this means for you:
This violation doesn't require proving the apartment was perfect or disputing damage claims. The landlord's failure to follow procedure is itself the violation, and New York courts consistently rule in tenants' favor on this issue.
Before going to court, send a certified demand letter. This isn't just politeness—it's building the documented record that strengthens your case and often prompts landlords to return your money immediately when they realize you know the law.
Your demand letter must include:
Supporting documentation to attach:
Send this via certified mail with return receipt. When your landlord signs for it, you've created documented proof they received notice—critical evidence for court.
When your demand letter is ignored, small claims court becomes your most powerful tool. The process is designed for exactly this situation: tenants without lawyers recovering money from landlords who violated clear statutes.
Small claims limits in New York:
These limits are more than enough for security deposit cases, and the process is intentionally accessible without hiring an attorney.
What to bring to court:
What you can recover:
Judges see security deposit violations constantly and know the law. When you present clear documentation that no itemized statement arrived within 14 days, you're not arguing your case—you're simply showing the violation occurred.
Here's what makes landlords settle quickly: New York courts can award you double your deposit amount as punitive damages when the violation was willful, not just an oversight.
Courts consider it willful when:
This means a $2,000 deposit violation could result in a $4,000 judgment against your landlord. Most landlords would rather return your full deposit than risk this outcome in court.
Beyond small claims court, New York provides other avenues to pressure landlords into compliance and create additional records of violations.
File with the Attorney General's Office:
New York's Attorney General handles tenant complaints about security deposits. While they may not recover your money directly, filing creates an official complaint record and may trigger mediation. Landlords facing multiple AG complaints often settle rather than risk escalated enforcement.
DHCR for Rent-Stabilized Units:
If your apartment is rent-stabilized or rent-controlled, contact the Division of Housing and Community Renewal (DHCR). While the 14-day itemization rule applies statewide regardless of regulation status, DHCR has additional enforcement powers over regulated units and can impose separate penalties.
Local housing authorities:
Some cities and counties have housing departments that mediate deposit disputes. These won't replace court action but add pressure and documentation supporting your case.
The reality is that most landlords return deposits once they receive a well-documented demand letter from a tenant who clearly knows the law.
Landlords settle because:
Your demand letter signals you're not a tenant who will accept excuses or delays—you're someone who understands the law and will enforce your rights through court if necessary.
Understanding when each deadline hits keeps you in control of the process and prevents landlords from running out the clock.
Day 1-14 after move-out: Landlord must send itemized statement Day 15: Violation begins if no statement received
Day 15-30: Send your demand letter via certified mail Day 30-40: File small claims if demand ignored Day 60-90: Typical small claims court date
Small claims cases usually resolve within 60-90 days of filing, meaning your entire process from move-out to judgment typically takes three months maximum.
While the 14-day violation alone wins your case, additional documentation makes your victory even more certain and increases punitive damage likelihood.
Strengthen your case by showing:
This documentation doesn't change the law, but it demonstrates to judges that you acted reasonably while your landlord violated clear statutory requirements.
When landlords keep deposits without itemization, they're not making a smart financial decision—they're risking significantly more than they're trying to keep.
What landlords risk:
A landlord trying to keep a $2,000 deposit improperly can end up paying $4,000+ and spending hours in court. Most realize this math doesn't work once they receive a demand letter that demonstrates you understand these stakes.
One reason security deposit violations are so enforceable is that the law is designed for tenants to pursue these cases directly. You don't need legal expertise to prove your landlord failed to send a required statement within 14 days—you just need documentation that they didn't.
Small claims courts exist specifically for disputes like this. Judges hear dozens of security deposit cases and know the law. When the facts are clear, the outcome is predictable.
The moment your landlord withheld your security deposit without itemization, they triggered a process where New York law works entirely in your favor. Every day they delay returning it strengthens your case for punitive damages.
Your deposit isn't a negotiation or a favor from your landlord—it's your money being held temporarily under specific legal rules. When those rules get broken, you don't just have the right to get it back. You have the legal tools to make your landlord wish they'd followed the law in the first place.
Document everything. Send your demand letter. File in small claims if needed. The law is clear, the process is straightforward, and judges consistently rule for tenants when landlords violate the 14-day requirement.
