# New York Security Deposits: Wear vs Damage | Who Pays the Repair?

> New York landlords must itemize and return deposits within 14 days or forfeit them, and can't deduct for ordinary wear and tear, under GOL §7-108.

**Who pays:** 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.

**Boundary:** 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).

## Sources
- [General Obligations Law §7-108(1-a)(b) (wear-and-tear exclusion)](https://www.nysenate.gov/legislation/laws/GOB/7-108) — "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." (accessed 2026-09-13)
- [General Obligations Law §7-108(1-a)(e) (14-day itemization/return deadline)](https://www.nysenate.gov/legislation/laws/GOB/7-108) — "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." (accessed 2026-09-13)

_Last verified 2026-09-16. Source: Who Pays the Repair? — https://whopaystherepair.com/rules/new-york-security-deposit-wear-vs-damage/ — every claim checked against a primary source before publication (see /methodology/)._