Your landlord had 14 days. New York law says they forfeited your deposit.
Under GOL § 7-108, a landlord who fails to return your deposit or provide an itemized statement within 14 days of move out forfeits the right to keep any of it. Willful retention adds punitive damages of up to twice the deposit.
Flat fee $499, signed by a licensed New York attorney, draft within 48 hours, mailed on your approval.
Reviewed by Daniel Hochman, Esq. · Last updated November 1, 2026
A New York landlord has 14 days after you move out to return the deposit with an itemized statement of any deductions. Miss that deadline and the landlord forfeits the right to keep any of it (GOL § 7-108(1-a)(e)); a willful violation adds punitive damages of up to twice the deposit. Since November 15, 2025, the same protections cover rent stabilized apartments.
Best for deposits of $500 and up. Covers market rate apartments statewide, and rent stabilized units under the 2025 amendment. Searching for a security deposit dispute letter, or a letter for a landlord not refunding a security deposit? This is that letter, signed by counsel, and if it is ignored, small claims court for a security deposit takes up to $10,000 in NYC for a $15 to $20 fee. Background reading from the firm: a security deposit not returned in New York. In a building of six or more units, the free deposit interest calculator shows the interest GOL § 7-103 adds.
The 14 day deadline passed
Within fourteen days after you vacate, the landlord must return your deposit and itemize any deductions. Miss it, and the statute says the landlord shall forfeit any right to retain any portion of the deposit. Forfeiture by operation of law, not a judge's discretion.
GOL § 7-108(1-a)(e)
No itemized statement, no receipts
Deductions require a written itemized statement with a specific basis for each charge. Vague damage claims and normal wear and tear don't qualify.
Willful retention doubles the exposure
A willful violation subjects the landlord to punitive damages of up to twice the amount of the deposit, on top of actual damages.
GOL § 7-108(1-a)(g)
Attorney fees when the lease allows
Where your lease gives the landlord a right to attorney fees, New York law makes that clause reciprocal, so a prevailing tenant recovers fees too. The intake asks for your lease, and the letter invokes this where it applies.
RPL § 234
Sample security deposit demand letter (GOL 7-108)
Letterhead, the statute cited, the forfeiture, a ten-day deadline and a signature: this is what lands in the landlord's mailbox. Facts shown are illustrative.
Re: Demand for Return of Security Deposit, $2,400.00
Dear Mr. Landlord:
This firm represents your former tenant. More than fourteen days have passed since my client vacated the premises, and you have neither returned the deposit nor provided the itemized statement required by GOL § 7-108(1-a)(e).
Under the statute, you have forfeited any right to retain any portion of the deposit. A willful violation further exposes you to punitive damages of up to twice the deposit under § 7-108(1-a)(g).
Demand is hereby made for payment in full within ten (10) days...
Questions before you start
Does this apply to rent stabilized apartments?
Yes. Effective November 15, 2025, the Legislature amended GOL § 7-107 (2025 legislation) to extend the 14 day return, forfeiture, and punitive damages protections to rent stabilized units statewide.
What if my landlord sent a statement but the charges are bogus?
Charges for normal wear and tear, unitemized deductions, and charges without receipts are improper. The letter addresses improper deductions as well as missed deadlines.
What happens if the landlord ignores the letter?
You'll have an attorney backed, documented demand that strengthens a small claims filing. Where your lease contains an attorney fee clause, RPL § 234 makes it reciprocal, which can make full representation viable even on modest deposits.
Statutes cited on this page
General Obligations Law § 7-108 (General Obligations Law)
General Obligations Law § 7-103 (General Obligations Law)
Real Property Law § 234 (Real Property Law)
General Obligations Law § 7-107 (General Obligations Law)
Each link opens the official text at the New York State Senate's Open Legislation site (federal sections: Cornell Law School's U.S. Code).