New Paltz Town, N.Y., Code of Ordinances ch. 94 (eCode360 ed. 2026) § 94-5
Return of security deposit landlord to tenant
Operative Text
A. Within 21 days after the termination of tenancy or the surrender of the premises, whichever occurs later, the landlord shall return to the tenant the full amount of security deposited by the tenant with the landlord or, if there is actual cause for retaining the security deposit or any portion of it, the landlord shall provide to the tenant a written statement specifying the reasons for such retention, including a good-faith estimate of the costs to be incurred for each item of damage or if said damage has already been repaired, documentation (e.g. receipts, invoices) of the costs incurred for each item of damage. The written statement specifying the reasons for the retention of any portion of the security deposit shall be accompanied by a full payment of the difference, if any, between the security deposit and the amount retained. Failure to return the security deposit or provide the aforesaid written statement within 21 days of termination of the tenancy or surrender of the premises shall preclude the landlord from any right to retain all or a portion of the security deposit unless good cause is shown for said failure by landlord. Nothing contained in this section shall preclude the landlord from retaining all or a portion of the security deposit to cover the costs of storing and/or disposing of unclaimed property, for nonpayment of rent and for nonpayment of utility charges which the tenant was required to pay directly to the landlord. B. If there is a provision in a rental agreement that a tenant is responsible to reimburse or apply from a security deposit any amounts due as the result of any violations issued to the landlord pursuant to the New Paltz Village Code or the New York State Uniform Fire Prevention and Building Code (the Uniform Code) for the property or residential unit being rented as a result of the actions of tenant or members of his/her household or their invitees or guests, it shall be the landlord's responsibility to give the tenant notice of such violation in a timely fashion as a condition to enforce this provision, and to help the tenant correct and prevent the condition for which the violation was issued. Timely notice shall be no later than 21 days from the date the violation is sent to the landlord from the municipal board, body, agency or official having jurisdiction. Failure to provide such notice shall serve as the landlord's waiver of reimbursement or application of security deposit for any violation for which notice was not given. C. Nothing in this section shall be construed to relieve the landlord of the landlord's responsibility to return the tenant's security deposit or balance as soon as reasonably possible.
New Paltz Town Code § 94-5 establishes a 21-day deadline after tenancy ends or premises are surrendered—whichever is later—for a landlord to either return the full security deposit or deliver a written itemized statement explaining any amounts kept, along with supporting cost estimates or repair receipts and any remaining balance owed. A landlord who misses this deadline generally loses the right to retain any portion of the deposit unless good cause for the delay is demonstrated. The provision also sets rules for when a deposit may be applied toward code-violation costs, requiring the landlord to notify the tenant of any such violation within 21 days of receiving it, and waiving the right to withhold for violations where that notice was not given.
Plain English — not legal advice.
Operators subject to New Paltz Town Code § 94-5 generally track the exact date tenancy terminates or keys are surrendered and use that date to calculate the 21-day window for returning the deposit or delivering a written itemized statement. A compliant operator retains documentation—receipts, invoices, or good-faith cost estimates—for every deduction claimed, and sends any undisputed balance along with the written statement. When a rental agreement holds tenants responsible for code-violation costs, compliant operators forward notice of any violation to the tenant within 21 days of receiving it from the relevant municipal authority, as required by § 94-5(B), and assist the tenant in correcting the underlying condition.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under New Paltz Town Code § 94-5, tenants are entitled to receive their full security deposit—or a written itemized explanation of any deductions with supporting documentation and the remaining balance—within 21 days of the tenancy ending or the premises being surrendered. If a landlord fails to meet that deadline without good cause, § 94-5 generally bars the landlord from keeping any portion of the deposit, which tenants may be able to raise as a defense in a dispute over withheld funds. Tenants who believe their deposit was improperly withheld may consider contacting a local tenant-rights organization, reviewing the New Paltz Town Code directly, or exploring available civil court remedies to recover amounts owed.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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