What New York requires
- 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)
- 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)
- 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)
- 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)
- 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 14-day itemized statement
Within 14 days after the tenant moves out, give the tenant an itemized statement of the basis for any amount you keep, and return the rest. A landlord who misses the 14 days forfeits any right to keep any part of the deposit.
What can be deducted
Only reasonable, itemized costs for unpaid rent, damage the tenant caused beyond normal wear and tear, unpaid utility charges payable to the landlord under the lease, and moving and storing the tenant's belongings. Never ordinary wear and tear or damage a prior tenant caused.
A condition, defect or damage noted in the signed move-in condition agreement cannot be deducted at move-out, and that agreement is evidence of the starting condition in a dispute.
The inspection before move-out
After the inspection before the tenant moves out, give the tenant an itemized statement of the repairs or cleaning you propose to deduct. The tenant may fix them before the tenancy ends.
Proof and penalties
In a dispute the landlord must prove the amount kept was reasonable, and a willful violation can bring punitive damages of up to twice the deposit. These rules cover rent-stabilized units and most other apartments; units under rent control and certain senior and care communities are outside them.
Common mistakes
- Sending the statement on day 15 or later, when the whole deposit is owed.
- Deducting for something listed on the move-in condition agreement.
- Charging for damage a previous tenant left.
- Listing one lump sum instead of each cost.
Sources
- 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) (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) (c), 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. 7-108 (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 23, 2026. Next review due January 23, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.