If the repair is yours to pay
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Repair-request & landlord/tenant forms (LawDepot)Templates for a notice to repair, security-deposit demand, and more.
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Default rule and exceptions
New York landlords must give an itemized statement and return any remaining deposit within 14 days after the tenant vacates, or forfeit the right to keep any of it, and may only deduct for damage caused by the tenant beyond normal wear and tear, never ordinary wear and tear or a prior tenant's damage (General Obligations Law §7-108).
| Party | What they are responsible for |
|---|---|
| Landlord | Provide an itemized statement and return any remaining deposit within 14 days of move-out, or forfeit the right to retain any amount. |
| Tenant | Is not liable for ordinary wear and tear or a prior tenant's damage, only for damage the tenant caused beyond normal wear and tear. |
| Exceptions | None on record |
What the source says
Last verified against the primary source on Sep 16, 2026.
The landlord may not retain any amount of the deposit for costs relating to ordinary wear and tear of occupancy or damage caused by a prior tenant.
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 remaining portion of the deposit to the tenant. If a landlord fails to provide the tenant with the statement and deposit within fourteen days, the landlord shall forfeit any right to retain any portion of the deposit.
City rules rest on state law. Read New York's sidewalk statute, quoted verbatim, or see all 50 states in one table.
Common questions
Who pays for security deposit: damage vs wear in Statewide, NY?
Responsibility is shared. Provide an itemized statement and return any remaining deposit within 14 days of move-out, or forfeit the right to retain any amount.
What is this based on for Statewide, NY?
This verdict is sourced to General Obligations Law §7-108(1-a)(b) (wear-and-tear exclusion) and 2 sources in total, each independently re-checked before publication.
Sources
- General Obligations Law §7-108(1-a)(b) (wear-and-tear exclusion)statute · verified-primary · accessed 2026-09-13
- General Obligations Law §7-108(1-a)(e) (14-day itemization/return deadline)statute · verified-primary · accessed 2026-09-13
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