New York Security Deposit Deductions
In New York, deposit deductions are limited to the uses in the supplied statute. The landlord must give an itemized statement within 14 days. The record does not include a statutory definition of wear and tear. Ordinary wear is not a lawful charge. The table lists each supplied item rule and citation.
Wear and tear in this record
The supplied New York record does not include a statutory definition of wear and tear. Normal wear and tear is the expected aging of a rental from ordinary living, such as faded paint or carpet worn from walking. Damage is harm beyond that ordinary use, such as a large stain, a burn, or a hole. A landlord can usually charge for tenant-caused damage. A landlord cannot charge for ordinary wear.
Item rules
| Item | Allowed | Rule |
|---|---|---|
| Cleaning | Conditional | The deposit is refundable except for reasonable and itemized costs due to non-payment of rent, damage caused by the tenant beyond normal wear and tear, non-payment of specified utilities, and moving/storage of belongings. The landlord may not retain any amount for ordinary wear and tear of occupancy. Cleaning is not an independent statutory category; it is deductible only if it is reasonable cost of tenant-caused damage beyond normal wear and tear. (N.Y. Gen. Oblig. Law § 7-108(1-a)(b)) |
| Carpet replacement | Conditional | Deductible only as reasonable, itemized cost of damage caused by the tenant beyond normal wear and tear. No statutory useful-life or depreciation schedule. (N.Y. Gen. Oblig. Law § 7-108(1-a)(b)) |
| Painting | Conditional | Not an independent statutory category. Ordinary wear and tear of occupancy may not be deducted; painting is deductible only as reasonable cost of tenant-caused damage beyond normal wear and tear. (N.Y. Gen. Oblig. Law § 7-108(1-a)(b)) |
| Nail holes and wall damage | Not stated | No item-specific rule; the general standard applies. No statute specifically addresses nail holes. Ordinary wear and tear of occupancy may not be deducted; wall damage beyond normal wear and tear may be. (N.Y. Gen. Oblig. Law § 7-108(1-a)(b)) |
| Pet damage | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (N.Y. Gen. Oblig. Law §7-108 (as amended by HSTPA 2019)). (N.Y. Gen. Oblig. Law §7-108 (as amended by HSTPA 2019)) |
| Unpaid rent and fees | Yes | The deposit may be lawfully retained for the reasonable and itemized costs due to non-payment of rent and non-payment of utility charges payable directly to the landlord under the terms of the lease or tenancy. (N.Y. Gen. Oblig. Law § 7-108(1-a)(b)) |
Itemization duty
| Itemization required | Yes |
|---|---|
| Deadline | 14 days |
| Receipts required | No |
| Rule | Within fourteen days after the tenant has vacated, the landlord shall provide an itemized statement indicating the basis for the amount of the deposit retained, if any, and return any remaining portion. Failure to provide the statement and deposit within fourteen days forfeits any right to retain any portion of the deposit. The statute does not require receipts. |
| Citation | N.Y. Gen. Oblig. Law § 7-108(1-a)(e) |
Burden of proof
In any action or proceeding disputing the amount of any amount of the deposit retained, the landlord shall bear the burden of proof as to the reasonableness of the amount retained. N.Y. Gen. Oblig. Law § 7-108(1-a)(f).
Statute says
Within fourteen days after the tenant has vacated the premises, the landlord shall provide the tenant with an itemized statement indicating the basis for the amount of the deposit retained, if any, and shall return any
What this means
Source accessed: .
If it was deducted anyway
Use the New York demand letter page to ask for the itemized statement and the return of any amount that bills ordinary wear. Cite only a rule listed on this page.
Free New York template, built from verified state data
I rented [rental property address] from [lease start date] to [move-out date]. I paid a security deposit of $[amount]. I returned the keys on [date] and gave you my forwarding address in writing on [date]. Under New York law (N.Y. Gen. Oblig. Law §7-108), a landlord must return the deposit or send a written, itemized list of deductions within 14 days after tenant vacates the premises (move-out).
FAQ
What security deposit deductions are allowed in New York?
Only the uses in the supplied New York record. The table on this page lists each item with its rule and citation. A general wear-and-tear row is not an item-specific statute.
Does a New York landlord have to itemize deductions?
Yes. Within fourteen days after the tenant has vacated, the landlord shall provide an itemized statement indicating the basis for the amount of the deposit retained, if any, and return any remaining portion. Failure to provide the statement and deposit within fourteen days forfeits any right to retain any portion of the deposit. The statute does not require receipts. The listed deadline is 14 days.
Who has the burden of proof for a New York deduction?
In any action or proceeding disputing the amount of any amount of the deposit retained, the landlord shall bear the burden of proof as to the reasonableness of the amount retained. N.Y. Gen. Oblig. Law § 7-108(1-a)(f).