New York leaves landlords little margin on fees and deposits: deposits are capped at one month's rent for most leases, late fees can't kick in until rent is more than 5 days late, and missing the 14-day return deadline can cost you the whole deposit. Local rent stabilization and Good Cause Eviction rules may also apply.
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For most residential leases, a security deposit may not exceed one month's rent. The deposit remains the tenant's money and cannot be mixed with your own funds.
N.Y. Gen. Oblig. Law 7-103, 7-108 (Housing Stability and Tenant Protection Act of 2019)
Within 14 days after the tenant moves out, return the deposit with an itemized statement of any deductions. If you miss the deadline, you generally lose the right to keep any part of the deposit. Tenants may also request a pre-move-out inspection.
N.Y. Gen. Oblig. Law 7-108
No late fee may be charged unless rent is more than 5 days late, and the fee is capped at the lesser of $50 or 5% of monthly rent. Application and screening fees are generally limited to actual costs, up to $20.
N.Y. Real Prop. Law 238-a
In buildings with 6 or more units, deposits must be held in an interest-bearing New York bank account, and you must tell the tenant the bank's name and address. Rent stabilization and the 2024 Good Cause Eviction Law apply in NYC and other localities that opt in.
N.Y. Gen. Oblig. Law 7-103; N.Y. Real Prop. Law Article 6-A
Last updated 2026-10-05
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