Sources checked:
Quick answer. New York: deposit capped at 1 month of rent; deposit returned within 14 days; 14-day notice for unpaid rent; $10,000 small claims limit. 19 of 23 items are confirmed on official pages; 4 are marked not confirmed, with the page to check.
Key numbers
- Deposit limit
- 1 month's rent
- Deposit back within
- 14 days
- Month-to-month notice (landlord)
- Under 1 year: 30 days; 1 to 2 years: 60 days; 2 years or more: 90 days
- Unpaid rent notice
- 14 days
- Entry notice
- See the rule
- Time to answer or appear
- 10 days
- Judgment to writ
- No wait stated
- Writ to lockout
- 14 days
- Small claims limit
- $10,000
Security deposit (6 of 6 confirmed)
Law read: N.Y. General Obligations Law 7-103 and 7-108.
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ConfirmedDeposit limit
No more than one month's rent (7-108(1-a)(a)).
Source: New York State Senate: General Obligations Law 7-108, checked November 2026
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ConfirmedReturn deadline
Within 14 days after the tenant vacates: an itemized statement of the basis for any amount kept, with any remainder (7-108(1-a)(e)).
Source: New York State Senate: General Obligations Law 7-108, checked November 2026
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ConfirmedItemized list of deductions
An itemized statement; without it the landlord forfeits any right to keep any part (7-108(1-a)(e)). The landlord offers a move-in inspection and the tenant may ask for one before moving out (7-108(1-a)(c)-(d)).
Source: New York State Senate: General Obligations Law 7-108, checked November 2026
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ConfirmedInterest on the deposit
Interest earned belongs to the tenant, less 1% a year the landlord may keep for administration; paid yearly, applied to rent, or held in trust until repaid (7-103(2)). For buildings with six or more units the deposit must be in an interest-bearing account (7-103(2-a)).
Source: New York State Senate: General Obligations Law 7-108, checked November 2026
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ConfirmedWhere the deposit is held
Held in trust, not mixed with the landlord's own money (7-103(1)). If deposited in a bank with a place of business in New York, the tenant is told in writing the bank's name and address and the amount (7-103(2)); six or more units: an interest-bearing account at a New York bank (7-103(2-a)).
Source: New York State Senate: General Obligations Law 7-108, checked November 2026
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ConfirmedPenalty the law states
Willful violation: punitive damages of up to twice the deposit (7-108(1-a)(g)).
Source: New York State Senate: General Obligations Law 7-108, checked November 2026
Who the deposit rules cover: Subdivision 1-a covers the dwelling types it lists and excludes units under the city rent and rehabilitation law or the emergency housing rent control law.
More: Security deposit rules by state · Deposit return deadline calculator
Notice periods (6 of 6 confirmed)
What the official text says about each notice. Cities and counties can add their own notice, just-cause or rent rules. Check local rules too.
| Notice | Rule | Source |
|---|---|---|
| Ending month-to-month (landlord) | Same timeline as not renewing a lease: 30 days if the tenant has lived there under 1 year, 60 days for 1 to 2 years, 90 days for 2 years or more. | Source: New York State Attorney General: Residential Tenants' Rights Guide, checked November 2026 (Real Property Law 232-a; 232-b) |
| Ending month-to-month (tenant) | Outside New York City, one month's notice. | Source: New York State Attorney General: Residential Tenants' Rights Guide, checked November 2026 (Real Property Law 232-b) |
| Rent increase notice | For an increase of more than 5%: written notice 30, 60 or 90 days ahead, depending on how long the tenant has lived there (same tiers as above). | Source: New York State Attorney General: Residential Tenants' Rights Guide, checked November 2026 |
| Unpaid rent notice | A 14-day written rent demand before a nonpayment case. | Source: New York State Attorney General: Residential Tenants' Rights Guide, checked November 2026 |
| Entry notice | Reasonable prior notice and a reasonable time; no notice in an emergency. No set number of hours. | Source: New York State Attorney General: Residential Tenants' Rights Guide, checked November 2026 |
| Late fee limits | Rent is late only after more than 5 days. The fee can't be more than $50 or 5% of monthly rent, whichever is less. | Source: New York State Attorney General: Residential Tenants' Rights Guide, checked November 2026 (Real Property Law 238-a) |
More: Notice periods by state · Notice date calculator
Eviction case, in order (6 of 10 confirmed)
- Notice before filing The written notice comes first; its length is in the notice table above.
Unpaid rent: A 14-day written rent demand before a nonpayment case.
- Filing the case Where the case goes and what it costs to start.
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Not confirmedCourt
Not confirmed — check New York State Unified Court System: Evicting a Tenant. Not confirmed on an official page we opened.
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Not confirmedFiling fee
Not confirmed — check New York State Unified Court System: Evicting a Tenant. Not confirmed on an official page we opened.
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- The tenant's answer or appearance
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ConfirmedTime to answer or appear
In a nonpayment case the tenant answers within 10 days of being served the notice of petition and petition (NYC Housing Court's page).
If the respondent fails to answer within 10 days of the service of the notice of petition and petition
Source: New York State Unified Court System: Judgments in Nonpayment Cases (NYC Housing Court), checked November 2026
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- Hearing or trial
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ConfirmedHearing after filing
The court date must be 10 to 17 days after the tenant is served (the earliest date here assumes service on the filing day). The tenant may ask to postpone it at least 14 days.
The court date must be no less than 10 days or later than 17 days from the date that the tenant is served.
Source: New York State Unified Court System, 6th Judicial District: City Court Summary Proceedings (Evictions), checked November 2026
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- Judgment and the writ The order that lets the officer act.
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ConfirmedJudgment to writ
After the judge signs the judgment, the clerk issues the warrant to the marshal, who can't evict before the earliest eviction date the court sets.
After the judge signs the judgment, the clerk will issue the warrant to the marshal.
Source: New York State Unified Court System: Judgments in Nonpayment Cases (NYC Housing Court), checked November 2026
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- Lockout Carried out by an officer, not by either side.
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ConfirmedWrit to lockout
After the warrant of eviction, a marshal, sheriff or constable serves a 14-day Notice of Eviction.
you will get a 14 day Notice of Eviction paper from a Marshal, Sheriff or Constable
Source: New York State Unified Court System: Being Evicted, checked November 2026
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ConfirmedWho carries out the lockout
The landlord hires a marshal, sheriff or constable to carry out the eviction.
you can hire a Marshal, Sheriff or Constable to take steps to evict the tenant.
Source: New York State Unified Court System: Evicting a Tenant, checked November 2026
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- Along the way Paying to stop the case, counsel and diversion programs.
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ConfirmedPaying to stop the case
In a nonpayment case, paying the full rent due to the court before the eviction is carried out can stop it.
if you pay the full amount of the rent due to the court before the Marshal does the eviction
Source: New York State Unified Court System: Being Evicted, checked November 2026
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Not confirmedRight to counsel (statewide)
Not confirmed — check New York State Unified Court System: Evicting a Tenant. Not confirmed on an official page we opened.
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Not confirmedDiversion or mediation (statewide)
Not confirmed — check New York State Unified Court System: Evicting a Tenant. Not confirmed on an official page we opened.
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Cases are heard in Housing Court in New York City and in City, District, Town or Village courts elsewhere; the hearing window above is stated on a City Court page. A City Court lists a $45 filing fee.
Example: a case filed Monday, March 1, 2027
The earliest date of each stage the confirmed rules allow, from our eviction timeline estimator. Earliest under the statute; courts' calendars often take longer.
| Stage | Earliest date |
|---|---|
| Case filed | Monday, March 1, 2027 |
| Answer due (if served the day of filing) | Thursday, March 11, 2027 |
| Hearing or trial | Thursday, March 11, 2027 |
| Judgment | Thursday, March 11, 2027 |
| Writ or warrant of possession | Thursday, March 11, 2027 |
| Earliest lockout | Thursday, March 25, 2027 |
More: Eviction process timeline by state · Eviction timeline estimator
Deposit disputes: small claims
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ConfirmedSmall claims limit (for a deposit dispute)
$10,000: the most a small claims case can ask for.
Limit depends on the court: New York City Civil Court Small Claims/Commercial Claims Part maximum is $10,000; City Courts outside NYC up to $5,000; Town and Village Courts up to $3,000 (NY Courts guide updated August 2024). Nassau and Suffolk District Court limits were not confirmed here. $10,000 is the NYC figure.
Filing fee to start a case: $10 to $25.
Source: NY Courts: A Guide to Small Claims & Commercial Small Claims in City, Town & Village Courts (updated Aug 2024), checked November 2026
More: New York small claims court
Still to confirm
- Court: check New York State Unified Court System: Evicting a Tenant
- Filing fee: check New York State Unified Court System: Evicting a Tenant
- Right to counsel (statewide): check New York State Unified Court System: Evicting a Tenant
- Diversion or mediation (statewide): check New York State Unified Court System: Evicting a Tenant
New York kit
New York Landlord Compliance Kit
This page as a printable checklist with every source link and check date, a move-in and move-out deposit checklist with the New York return deadline, a notice calendar, an eviction timeline sheet, and an Excel workbook with a tenant notice log, a deposit tracker that works out the return date, and a rent ledger.
Kits for any state: Security Deposit Kit for Landlords and Tenants ($15) · Landlord-Tenant Notice Organizer ($15) · Eviction Case File Organizer ($15)
General information, not legal advice. We are not lawyers, and MCC Solutions is not a law firm. The same rules apply whichever side of the lease you are on; this page describes them and doesn't take a side. Rules change, cities and counties can add their own, a lease can add terms, and the official source has the final word.
Common questions
How much can a security deposit be in New York?
No more than one month's rent (7-108(1-a)(a)).
How long does a New York landlord have to return a deposit?
Within 14 days after the tenant vacates: an itemized statement of the basis for any amount kept, with any remainder (7-108(1-a)(e)). What goes with it: An itemized statement; without it the landlord forfeits any right to keep any part (7-108(1-a)(e)). The landlord offers a move-in inspection and the tenant may ask for one before moving out (7-108(1-a)(c)-(d)).
How much notice ends a month-to-month tenancy in New York?
From the landlord: Same timeline as not renewing a lease: 30 days if the tenant has lived there under 1 year, 60 days for 1 to 2 years, 90 days for 2 years or more. From the tenant: Outside New York City, one month's notice.
What notice comes before an unpaid-rent case in New York?
A 14-day written rent demand before a nonpayment case.
How much notice before a landlord enters a rental in New York?
Reasonable prior notice and a reasonable time; no notice in an emergency. No set number of hours.
How long does an eviction case take in New York?
Time to answer or appear: 10 days. Hearing after filing: 10 to 17 days. Judgment to writ: No wait stated. Writ to lockout: 14 days. These are the stated rules; the court's calendar often takes longer.
Can a New York deposit dispute go to small claims court?
The small claims limit in our data: $10,000: the most a small claims case can ask for. The court's own page explains what kinds of cases it hears.
Related: Landlord rules by state · Kits for landlords