Can a New York landlord keep the deposit for unpaid rent only?
Yes, the security deposit can be applied to unpaid rent at end of tenancy in New York. The landlord must still send the itemized statement under GOL 7-108(1-a)(e) within 14 days, listing the unpaid rent amount and the months it covers. If the deposit fully covers the unpaid rent, the landlord retains the deposit and the tenant owes nothing further. If the deposit is less than the unpaid rent, the landlord can keep the entire deposit and pursue the balance through small-claims court. If the deposit exceeds the unpaid rent, the landlord must return the difference to the tenant. Failure to provide the itemized statement within 14 days forfeits the landlord's right to retain any part of the deposit.
Source: GOL 7-108(1-a)(e)
This is an informational answer based on GOL 7-108(1-a)(e) as of early 2026. It is not legal advice. Housing law changes year to year and local ordinances (especially in rent-controlled or rent-stabilized cities) can override or add to state law. For contested cases, consult a New York-licensed attorney.