What happens if a New York landlord does not return the deposit?
Failure to provide the itemized statement within 14 days forfeits the landlord's right to retain any part of the deposit. The tenant must give the landlord 14 days from move-out to return the deposit (or the balance with itemized statement). After that, the tenant can demand return by certified mail and, if no response, file in small-claims court. New York courts treat missed deadlines as a strong signal of bad faith. The penalty is in addition to the wrongfully withheld deposit. Self-help (refusing to leave or damaging the unit) is never the answer; the legal process is faster than self-help in most New York jurisdictions.
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.