New York: miss the 14-day deposit deadline and the landlord forfeits the entire deposit — plus you can claim double. Claim the penalty — $29
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In New York, a late deposit return costs your landlord double.

New York General Obligations Law § 7-108 gives tenants a rare weapon: if the landlord misses the 14-day deadline, they forfeit the entire deposit. If the violation is willful, they can be ordered to pay you punitive damages of up to twice the deposit. But you have to assert it.

The forfeiture isn’t automatic. Your landlord has to know you’ll claim it.
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3.9M
Renter households in New York
14
Days to return the deposit — or forfeit it
2×
Punitive damages for willful violations

New York’s specific rules.

New York’s deposit statute is among the strictest in the country. The 14-day deadline is absolute — and the consequences for missing it are severe. Here’s what applies to you.

GOL § 7-108(1-a)(e)

Deposit return: 14 days, no exceptions

Within 14 days after you vacate, the landlord must either return the full deposit or send an itemized statement of deductions with the balance.

Miss the deadline — even by a day — and they forfeit any right to retain any portion of the deposit.

GOL § 7-108(1-a)(g)

Willful violation: double damages

A landlord found to have willfully violated the deposit statute is liable for punitive damages of up to twice the amount of the deposit.

This is not a penalty you have to negotiate. It’s statutory — but you have to claim it in writing.

RPL § 226-c

Notice period: 30 to 90 days

New York’s notice period depends on how long you’ve lived there:

Under 1 year → 30 days · 1–2 years → 60 days · 2+ years → 90 days.

GOL § 7-103

Deposit cap: one month’s rent

New York landlords may collect no more than one month’s rent as a security deposit — regardless of credit score, pets, or furnishings.

Deposits in buildings with 6+ units must be held in a separate interest-bearing account at a New York bank.

Joint and several liability

You’re on the hook for their share

New York leases default to joint and several liability. If your roommate stops paying after moving out, your landlord can pursue you for the full remaining rent.

RPL § 226-b

Sublease & assignment: written consent

To be released from the lease, New York requires the landlord’s written consent. A verbal agreement has no legal effect.

In buildings with 4+ units, the landlord cannot unreasonably withhold consent to sublease.

What happens in New York if you do nothing.

A factual sequence — not a worst case. The standard outcome of a roommate departure without documentation.

Day 1
Your roommate moves out — no written notice on file.
No date. No forwarding address. Nothing that can be produced later.
Day 14
Return deadline passes — silently.
Under GOL § 7-108, the deposit was due back by now. Failure triggers forfeiture — and exposes the landlord to double damages. But only if demanded.
Day 30
Next rent notice arrives short.
You cover the gap. There’s no written agreement requiring reimbursement.
Day 90
Court summons. Judgment filed.
Joint and several liability. A New York judgment can follow you for years. Everything before this was preventable.

What you lose if you don’t act.

Average amounts New York tenants are exposed to when they leave a shared lease without documents.

Three numbers most New York tenants never see coming.

  • $14,400 Average remaining rent a New York landlord can pursue from any single tenant on the lease.
  • $4,800 Average New York deposit forfeited when tenants don’t assert the 14-day rule. Double that if the violation is willful.
  • 7 years How long a New York judgment stays on your credit report — blocking future rentals, loans, and jobs.

What you get for New York.

Each document is formatted to New York statutes and personalized with your details. Depending on your situation, four to six documents.

01

Notice to Landlord of Tenant Departure

Cites RPL § 226-c and applies the correct 30, 60, or 90-day deadline for your tenancy length.

02

Forwarding Address Letter

Standalone letter with certified-mail instructions to preserve the 14-day clock under GOL § 7-108.

03

14-Day Demand Letter

Cites the GOL § 7-108 forfeiture remedy and the 2× punitive damages provision — the strongest leverage a New York tenant can have.

04

Roommate Release Agreement

Three-party agreement signed by you, the remaining tenant(s), and the landlord.

05

Move-Out Documentation Checklist

Photo protocol, video timestamps, and key-return log to defend against damage claims.

06

New Occupant Addendum

Adds a replacement tenant to the lease with the landlord’s written consent under RPL § 226-b.

Claim the penalty

New York forfeits the deposit and doubles it — only if you demand it.

The 14-day forfeiture and the punitive damages aren’t automatic. Your landlord has to know you’ll claim them. Your documents will be ready in five minutes.

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New York-specific questions.

How much notice do I need to give in New York?
New York’s notice period under RPL § 226-c depends on how long you’ve lived in the unit. If you’ve lived there less than one year, you need 30 days. If it’s been 1–2 years, 60 days. If 2+ years, 90 days. Our Notice template applies the correct deadline for your situation.
When does my landlord have to return my deposit?
Under New York General Obligations Law § 7-108(1-a)(e), your landlord has exactly 14 days after you vacate to either return the full deposit or send an itemized statement of deductions along with the balance. There is no grace period. Missing the deadline — even by one day — triggers forfeiture.
What is the penalty if my landlord misses the 14-day deadline?
Two things. First, under GOL § 7-108(1-a)(e), the landlord forfeits any right to retain any portion of the deposit — including legitimate deductions. Second, under § 7-108(1-a)(g), if the violation is found to be willful, the landlord is liable for punitive damages of up to twice the amount of the deposit. Our 14-Day Demand Letter cites both provisions directly.
Can my landlord charge more than one month’s rent as a deposit?
No. Under New York law (GOL § 7-103, as amended by the HSTPA), landlords of most residential units can collect no more than one month’s rent as a security deposit. This applies regardless of your credit score, whether you have pets, or whether the unit is furnished. If your landlord collected more, that excess may be treated as illegal rent.
Does the deposit have to be held in a separate account?
Yes. Under GOL § 7-103, deposits are the tenant’s money held in trust and cannot be commingled with the landlord’s own funds. In buildings with 6 or more units, the deposit must be held in an interest-bearing account at a New York bank. Failure to comply can trigger additional penalties.
Can my landlord sue me for the remaining lease if my roommate stays?
Yes. New York leases use joint and several liability by default. Your landlord can pursue any single tenant for the full remaining rent — regardless of who moved out. The only way to exit this liability is a signed release from the landlord, which our Roommate Release Agreement documents.
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Disclaimer: BreakupLease is not a law firm and does not provide legal advice. The information and documents provided are for educational and informational purposes only. Laws vary by state and change over time. No outcome is guaranteed. For advice specific to your situation, please consult a licensed attorney in your jurisdiction.