New York · Security Deposit: Damage vs Wear

New York Security Deposits: Wear vs Damage

Short answer
Shared

New York landlords must itemize and return deposits within 14 days or forfeit them, and can never deduct for ordinary wear and tear, under GOL §7-108.

High confidence · Verified Sep 16, 2026 · 1 source

What to do next

What to do next

  1. Put the repair request in writing

    Send it to the landlord, date it, and keep a copy.

Work through the full repair checklist

If the repair is yours to pay

Get more than one quote before you agree to a price, and ask the contractor to confirm where the property line and the public side begin.

Repair-request & landlord/tenant forms (LawDepot)

Templates for a notice to repair, security-deposit demand, and more.

Partner link. Who Pays the Repair? may earn a commission if you request a quote or sign up, at no cost to you. It never changes who we say pays.

Responsibility Boundary

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).

PartyWhat they are responsible for
LandlordProvide an itemized statement and return any remaining deposit within 14 days of move-out, or forfeit the right to retain any amount.
TenantIs not liable for ordinary wear and tear or a prior tenant's damage, only for damage the tenant caused beyond normal wear and tear.
ExceptionsNone 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.
General Obligations Law §7-108(1-a)(b) (wear-and-tear exclusion), checked Sep 13, 2026
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.
General Obligations Law §7-108(1-a)(e) (14-day itemization/return deadline), checked Sep 13, 2026

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

  1. General Obligations Law §7-108(1-a)(b) (wear-and-tear exclusion)statute · verified-primary · accessed 2026-09-13
  2. General Obligations Law §7-108(1-a)(e) (14-day itemization/return deadline)statute · verified-primary · accessed 2026-09-13
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