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States/New York/Normal Wear and Tear
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New York renter guide

New York Normal Wear and Tear vs. Damage

New York § 7-108 expressly says a landlord may not retain deposit money for ordinary wear and tear or damage caused by a prior tenant.

Last reviewed: August 30, 20261 official source cited
Ordinary wearNot deductible

Expressly excluded from deposit retention.

Tenant-caused damageReasonable itemized cost

Beyond-normal-wear damage may support a reasonable itemized deduction.

Prior-tenant damageNot deductible

The current tenant’s deposit cannot be retained for damage caused by a prior tenant.

Evidence matters

  • Move-in inspection agreement.
  • Dated photos from start and end of tenancy.
  • Maintenance records showing age-related deterioration.
  • Invoices and descriptions tying work to specific tenant-caused damage.
Confirm the unit’s status. New York rent regulation and special housing categories can affect the rules. This page summarizes the cited statewide sources and is not legal advice.

Official sources

New York State Senate — Open LegislationNew York General Obligations Law § 7-108 ↗

Primary law covering deposit limits, deductions, inspections and the 14-day return/itemization framework for covered dwelling units.

Related New York guides

Security Deposit →14-Day Deposit Deadline →Move-Out Inspection →Move-Out Charges →