Normal Wear and Tear: What NY Landlords Can’t Charge For
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Normal wear and tear is the ordinary deterioration a property picks up from everyday use: faded paint, worn carpet, loose door handles. New York landlords can’t deduct
it from a security deposit. They have 14 days after move-out to itemize any real damage, or they forfeit the entire deposit.
We hear from clients on both sides of this. Buyers inheriting tenants, and occasionally tenants themselves, ask what a landlord can and can’t hold them to. The law draws a sharper line than most people expect.
The footprints of life left on a property.
What actually counts as normal wear and tear
Fading paint. A loosening door hinge. Worn carpet in a high-traffic hallway.
Minor scuff marks from ordinary foot traffic. None of that is damage, no matter how diligent the tenant was.
| Normal wear and tear | Actual damage |
|---|---|
| Faded paint, small nail holes | Large holes, unrepaired drilling |
| Worn carpet from years of use | Stains, burns, or pet damage to carpet |
| Loose door hinges or handles | Broken doors or missing hardware |
| Minor scuffs on walls or floors | Cracked tile, broken windows |
| Aging appliances with reduced performance | Appliances damaged through misuse |
The distinction matters because it decides who pays. Wear and tear is the landlord’s cost of doing business. Damage is the tenant’s.
What crosses the line into real damage
Broken windows. Large, unrepaired holes in the wall. Deep stains or burns in carpet. Unauthorized alterations.
The test isn’t severity alone; it’s cause. Wear and tear comes from time and normal use. Damage comes from negligence, misuse, or intent.
A landlord carries the burden of proving the difference, not the tenant. That burden shapes everything about how a security deposit dispute actually plays out.
What New York law actually says about your deposit
Under the 2019 Housing Stability and Tenant Protection Act, a landlord may charge no more than one month’s rent as a security deposit. When you move out, they have 14 days to send an itemized statement of any deductions and return what’s left.
As Sam Himmelstein, Esq., a partner at Himmelstein, McConnell, Gribben, Donoghue & Joseph, puts it: “The burden of proof is on the landlord.” That’s the whole dynamic in five words. The tenant doesn’t have to prove the charges were wrong. The landlord has to prove they were right.
What happens if the landlord misses the 14-day deadline
They lose the right to keep any of it. Miss the 14-day window, and New York General Obligations Law Section 7-108 requires the full deposit to be returned, even if actual damage exists. That penalty is absolute; there’s no partial credit for a landlord who’s a few days late with legitimate charges.
Document the property’s condition at both the start and end of a tenancy with photos and a written inventory at move-in and move-out. That record is what actually resolves a dispute when the landlord’s version and the tenant’s don’t match.
Does this matter if you’re buying, not renting
It comes up more than you’d think. If you’re buying a building with existing tenants, you inherit whatever wear and tear is already there. You also inherit the responsibility for handling deposits correctly once you’re the landlord. A move-out inspection checklist done right at each turnover protects you from disputes down the line, just as it protects any landlord.
Our pillar guide to due diligence covers what else to verify on a tenanted purchase. Once your purchase closes, our NYC closing costs calculator breaks down what you’ll owe at closing. Our buyer rebate can offset a real share of it.
Common questions
Can a landlord charge for painting when a tenant moves out? Not for ordinary fading. A landlord can charge for painting only if the tenant caused actual damage, such as unauthorized paint colors or holes, beyond normal wear and tear.
Is worn carpet considered normal wear and tear? Yes, if it’s from years of ordinary foot traffic. Stains, burns, or pet damage to carpet cross into actual damage the landlord can charge for.
How long does a landlord have to return a security deposit in New York? 14 days after the tenant vacates. The landlord must send an itemized statement of any deductions in that window or return the full deposit.
What happens if my landlord doesn’t return my deposit on time? Under New York law, missing the 14-day deadline means the landlord forfeits the right to keep any of the deposit, even if real damage exists.
What should be on a move-out inspection checklist? Photos and a written record of every room’s condition, compared against move-in documentation. That comparison is what separates a legitimate deduction from an improper one.
Nicole Fishman Benoliel co-founded NestApple in 2017. She's a lawyer admitted to the New York bar - her law degree is from La Escuela Libre de Derecho in Costa Rica, with further study at IE Business School in Madrid and an LLM from Fordham in New York. She does not act in a legal capacity at NestApple; every client is referred to an attorney who handles real estate deals full time.
