What New York requires
- After the lease is signed and before the tenant moves in, the landlord offers the tenant the chance to inspect the unit together to determine its conditionN.Y. General Obligations Law s. 7-108 (1-a) (c) · N.Y. General Obligations Law s. 7-107 (4) (rent-stabilized units)
- If the tenant asks for that inspection, both sign a written agreement before the tenant moves in that attests to the condition of the property and specifically notes any existing defects or damageN.Y. General Obligations Law s. 7-108 (1-a) (c) · N.Y. General Obligations Law s. 7-107 (4)
- When the tenant moves out, the landlord may not keep any part of the deposit for a condition, defect or damage noted in that agreement, which is admissible as evidence of the starting condition in a deposit disputeN.Y. General Obligations Law s. 7-108 (1-a) (c)
- The landlord may keep only reasonable, itemized costs for unpaid rent, damage caused by the tenant beyond normal wear and tear, unpaid utility charges payable to the landlord under the lease, and moving and storing the tenant's belongings; never for ordinary wear and tear or damage caused by a prior tenantN.Y. General Obligations Law s. 7-108 (1-a) (b) · N.Y. General Obligations Law s. 7-107 (3)
- Within a reasonable time after either side gives notice to end the tenancy, unless the tenant gives less than two weeks' notice, the landlord tells the tenant in writing of their right to request an inspection before moving out and to be present at itN.Y. General Obligations Law s. 7-108 (1-a) (d) · N.Y. General Obligations Law s. 7-107 (5)
- A requested pre-move-out inspection takes place no earlier than two weeks and no later than one week before the tenancy ends, with at least 48 hours' written notice of the date and timeN.Y. General Obligations Law s. 7-108 (1-a) (d)
- After the pre-move-out inspection the landlord gives the tenant an itemized statement of the repairs or cleaning proposed as deductions, and the tenant may cure them before the tenancy endsN.Y. General Obligations Law s. 7-108 (1-a) (d)
- Within 14 days after the tenant moves out, the landlord gives an itemized statement of the basis for any amount kept and returns the rest; missing the 14 days forfeits any right to keep any part of the depositN.Y. General Obligations Law s. 7-108 (1-a) (e) · N.Y. General Obligations Law s. 7-107 (6)
- In any dispute over the amount kept, the landlord bears the burden of proving it was reasonable; a willful violation can bring punitive damages of up to twice the depositN.Y. General Obligations Law s. 7-108 (1-a) (f) and (g) · N.Y. General Obligations Law s. 7-107 (7) and (8)
- The same inspection and deposit rules apply to rent-stabilized units and to most other apartments; units under rent control and certain senior and care communities are outside themN.Y. General Obligations Law s. 7-108 (1-a) · N.Y. General Obligations Law s. 7-107 (1)
The move-in inspection the landlord must offer
After the lease is signed and before the tenant moves in, the landlord offers the tenant the chance to inspect the unit together. If the tenant takes it up, both sign a written agreement before move-in that attests to the condition of the property and specifically notes any existing defects or damage.
That agreement has teeth. At move-out the landlord may not keep any part of the deposit for anything noted in it, and in a deposit dispute it is evidence of how the unit started. Thorough notes protect the tenant; vague ones leave the landlord nothing to point to.
The pre-move-out inspection
Within a reasonable time after either side gives notice to end the tenancy, the landlord tells the tenant in writing that they may request an inspection before moving out and be present for it. The duty does not apply when the tenant gives less than two weeks' notice.
A requested inspection happens no earlier than two weeks and no later than one week before the end of the tenancy, with at least 48 hours' written notice of the date and time. Afterward the landlord gives the tenant an itemized statement of repairs or cleaning proposed as deductions, and the tenant may cure them before leaving.
What may come out of the deposit, and when
Deductions are limited to reasonable, itemized costs for unpaid rent, damage the tenant caused beyond normal wear and tear, unpaid utility charges owed to the landlord under the lease, and moving and storing the tenant's belongings. Ordinary wear and tear and a previous tenant's damage are never deductible.
Within 14 days after move-out the landlord sends an itemized statement of the basis for anything kept, with the rest of the deposit. Missing the 14 days forfeits the right to keep any of it. In a dispute the landlord must prove the amount was reasonable, and a willful violation can cost up to twice the deposit in punitive damages.
Which apartments these rules cover
Section 7-107 sets these rules for rent-stabilized units and section 7-108 for most other apartments, in the same words. Units under rent control and certain senior and care communities fall outside section 7-108's version.
From walkthrough notes to finished New York reports
Choose Move-in, Pre-move-out inspection or Move-out and add your notes. ReportDraft writes a room-by-room report with each existing defect described specifically. A move-in report ends with a condition agreement statement and lines for the landlord or agent and the tenant to sign.
A pre-move-out report adds a table of the repairs or cleaning proposed as deductions and a statement that the tenant may cure them before the tenancy ends, so the itemized statement the law asks for comes out of the same walkthrough.
Common mistakes
- Not offering the tenant a joint inspection before they move in.
- Deducting at move-out for a defect that was noted in the move-in agreement.
- Forgetting to tell the tenant in writing about their right to a pre-move-out inspection.
- Scheduling the pre-move-out inspection outside the window of two weeks to one week before the tenancy ends.
- Sending the itemized statement after 14 days, which forfeits the whole deposit.
Sources
- N.Y. General Obligations Law s. 7-108 (1-a) (c), checked October 9, 2026
- N.Y. General Obligations Law s. 7-107 (4) (rent-stabilized units), checked October 9, 2026
- N.Y. General Obligations Law s. 7-107 (4), checked October 9, 2026
- N.Y. General Obligations Law s. 7-108 (1-a) (b), checked October 9, 2026
- N.Y. General Obligations Law s. 7-107 (3), checked October 9, 2026
- N.Y. General Obligations Law s. 7-108 (1-a) (d), checked October 9, 2026
- N.Y. General Obligations Law s. 7-107 (5), checked October 9, 2026
- N.Y. General Obligations Law s. 7-108 (1-a) (e), checked October 9, 2026
- N.Y. General Obligations Law s. 7-107 (6), checked October 9, 2026
- N.Y. General Obligations Law s. 7-108 (1-a) (f) and (g), checked October 9, 2026
- N.Y. General Obligations Law s. 7-107 (7) and (8), checked October 9, 2026
- N.Y. General Obligations Law s. 7-108 (1-a), checked October 9, 2026
- N.Y. General Obligations Law s. 7-107 (1), checked October 9, 2026
Last reviewed October 9, 2026. Next review due January 9, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.