NOTICE OF SECURITY DEPOSIT ITEMIZATION & DISPOSITION

(New York Residential Tenancy)

[// GUIDANCE: This template is drafted to comply with New York Real Property Law § 7-108 and the Housing Stability & Tenant Protection Act of 2019. Customize all bracketed fields before sending. Do not delete statutory citations—they are intentionally limited and correct under the Citation Policy.]

DOCUMENT HEADER

Landlord: [LEGAL NAME OF LANDLORD] (“Landlord”)
Address: [LANDLORD NOTICE ADDRESS]

Tenant: [LEGAL NAME OF TENANT] (“Tenant”)
Forwarding Address: [TENANT’S FORWARDING ADDRESS]

Premises: [STREET ADDRESS + UNIT, CITY, STATE, ZIP] (“Premises”)

Original Lease Date: [DATE] (“Lease”)
Vacate Date: [DATE]
Effective Date of this Notice: [DATE NOT LATER THAN 14 DAYS AFTER VACATE DATE] (“Effective Date”)

TABLE OF CONTENTS

1. Definitions
2. Statutory Notice of Deposit Disposition
3. Itemization of Deductions (Schedule A)
4. Delivery of Refund or Demand for Balance
5. Tenant’s Right to Contest
6. Representations & Warranties
7. Dispute Resolution & Governing Law
8. General Provisions
9. Execution Block

Schedules:
• Schedule A – Itemization Table
• Schedule B – Supporting Documentation (invoices, photographs, etc.)

1. DEFINITIONS

1.1 “Security Deposit” means the sum of $[AMOUNT] originally paid by Tenant to Landlord under the Lease as security for Tenant’s performance.

1.2 “Allowable Deductions” means deductions expressly authorized by New York Real Property Law (RPL) § 7-108(1-b)(d), limited to:
 (a) unpaid rent;
 (b) reasonable costs of repairing damage to the Premises beyond ordinary wear and tear; and
 (c) reasonable and necessary costs of storing or removing Tenant’s personal property.

1.3 All capitalized terms not defined herein have the meanings assigned in the Lease.

2. STATUTORY NOTICE OF DEPOSIT DISPOSITION

Pursuant to RPL § 7-108(1-b)(e), Landlord hereby provides this written itemization and disposition of the Security Deposit within fourteen (14) days after Tenant vacated the Premises. Failure to provide this notice within the statutory period would forfeit Landlord’s right to retain any portion of the Security Deposit.

3. ITEMIZATION OF DEDUCTIONS (SCHEDULE A)

See Schedule A attached hereto and incorporated by reference for a detailed account of each Allowable Deduction, the corresponding supporting documentation, and the net amount due.

4. DELIVERY OF REFUND OR DEMAND FOR BALANCE

4.1 If the Net Balance on Schedule A reflects a Refund Due to Tenant, Landlord encloses the following:
 (a) Bank check № [NUMBER] dated [DATE] in the amount of $[AMOUNT]; and
 (b) Accrued interest of $[AMOUNT] (if applicable under RPL § 7-103), less the permissible one-percent (1%) annual administrative fee retained by Landlord.

4.2 If the Net Balance on Schedule A reflects an Amount Owed by Tenant, Tenant shall remit payment of $[AMOUNT] to Landlord at the address set forth above within ten (10) business days of receipt of this Notice.

[// GUIDANCE: If claiming an Amount Owed, attach objective proof (paid invoices, photographs, move-out inspection report).]

5. TENANT’S RIGHT TO CONTEST

Tenant may dispute any deduction by providing written notice to Landlord within thirty (30) days of Tenant’s receipt of this Notice, identifying each contested item and the grounds for objection. Failure to timely object shall not waive Tenant’s statutory rights but may be considered in any subsequent proceeding.

6. REPRESENTATIONS & WARRANTIES

6.1 Landlord represents that:
 (a) All deductions enumerated in Schedule A constitute Allowable Deductions;
 (b) The costs stated reflect the actual and reasonable expenses incurred or to be incurred;
 (c) Landlord conducted a joint post-vacate inspection (or made it available) consistent with RPL § 7-108(1-b)(c).

6.2 Tenant acknowledges receipt of this Notice and any enclosed refund (if applicable) as of the Effective Date.

7. DISPUTE RESOLUTION & GOVERNING LAW

7.1 Governing Law: This Notice and any dispute relating to the Security Deposit shall be governed by the laws of the State of New York without regard to conflict-of-law principles.

7.2 Exclusive Forum: The parties agree that any action arising out of or relating to the Security Deposit shall be brought exclusively in the housing part of the Civil Court of the City of New York or other court of competent jurisdiction in the county where the Premises is located (“Designated Forum”).

7.3 Arbitration: By directive of the parties’ Lease metadata, arbitration is expressly excluded.

7.4 Jury Trial: Nothing herein shall constitute a waiver of any constitutional right to a jury trial.

7.5 Relief Sought: The parties shall be limited to money damages and such statutory penalties or interest as may be available under applicable law; injunctive relief is hereby excluded.

8. GENERAL PROVISIONS

8.1 Entire Agreement: This Notice, together with its Schedules, constitutes the entire statement of deductions and supersedes any oral communications regarding the Security Deposit.

8.2 Amendments: Any amendment to this Notice must be in a writing signed by both parties.

8.3 Counterparts; Electronic Delivery: This Notice may be executed in counterparts and delivered by electronic means, each of which shall be deemed an original.

8.4 Severability: If any provision of this Notice is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

9. EXECUTION BLOCK

IN WITNESS WHEREOF, the undersigned execute this Notice as of the Effective Date.

[Optional Notary Acknowledgment—attach if required by local practice]

SCHEDULE A

ITEMIZATION TABLE

SCHEDULE B

SUPPORTING DOCUMENTATION

1. Move-Out Inspection Report dated [DATE]
2. Photographs (B-1 through B-[n])
3. Vendor Invoices & Receipts

[// GUIDANCE: Attach clear, time-stamped photographs and third-party invoices whenever possible. Lack of documentation is the most common basis for tenant challenges.]

END OF DOCUMENT