Free New York Move-In / Move-Out Inspection Checklist
Statutorily aligned to N.Y. Gen. Oblig. Law §7-108 (as amended by HSTPA 2019). Landlord must return security deposit (or itemize deductions) within 14 days. Document the unit room-by-room at the start AND end of the tenancy to support any deduction claim.
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New York Move-In / Move-Out Checklist — Step-by-Step Guide
Covers N.Y. Gen. Oblig. Law §7-108 (as amended by HSTPA 2019), the 14 days deposit return deadline, permissible deductions, and wear-and-tear standards
A New York Move-In / Move-Out Inspection Checklist is the foundational document for any security deposit dispute. Under N.Y. Gen. Oblig. Law §7-108 (as amended by HSTPA 2019), the landlord has 14 days after tenant vacatur to either refund the deposit in full OR provide an itemized accounting of deductions. The written checklist — paired with date-stamped photographs — is the evidentiary basis that distinguishes deductible damage from non-deductible wear and tear.
Complete the New York Move-In / Move-Out Checklist
Complete the form below to generate a printable, room-by-room inspection checklist. Use the same form for both the move-in walkthrough (establishes baseline condition) and the move-out walkthrough (documents condition at end of tenancy). Both walkthroughs should be conducted with the tenant present whenever possible, and both should be paired with date-stamped photographs as supporting evidence.
⚠ The Two-Pillar Documentation Standard
A defensible deposit deduction requires two pieces of evidence: (1) this written room-by-room checklist signed by both parties, AND (2) date-stamped photographs of the same items at the same time. The written checklist alone is rarely sufficient — photographs without descriptions are subject to challenge — but together they form the strongest possible defense against any deposit dispute. Always do BOTH.
1. Parties & Tenancy
2. Property
3. Room-by-Room Condition
For each item: select Good (no defects), Fair (minor wear), Poor (visible damage), or N/A (not present). Document any Poor-rated items in the Notes section below and photograph them.
4. Photo Documentation
Date-stamped photos are the second pillar of any defensible deposit claim. Photograph each room AND each Poor-rated item. Retain photos for at least 4 years in cloud backup.
5. Signatures
Both parties should sign and retain a copy. Tenant signature acknowledges accuracy of inspection findings (not a waiver of legal rights).
🏛 New York’s Distinctive Security Deposit Framework
✓ N.Y. Gen. Oblig. Law §7-108 (as amended by HSTPA 2019) — What Sets New York Apart
New York’s security deposit framework was overhauled by the Housing Stability and Tenant Protection Act (HSTPA) of 2019. Under N.Y. Gen. Oblig. Law §7-108 as amended, the landlord has only 14 days after the tenant vacates to provide an itemized statement of deductions and return any balance. Failure to comply within 14 days is absolute: the landlord forfeits the right to retain ANY portion of the deposit, regardless of whether legitimate damages exist. The HSTPA also caps security deposits at one month’s rent statewide (for both regulated and unregulated tenancies) and prohibits ‘first and last month’s rent’ arrangements. Bad-faith violations expose the landlord to punitive damages of up to twice the deposit.
For background on the broader framework, see the comprehensive New York security deposit laws guide. For the deposit return accounting itself, see the New York Security Deposit Return Letter and New York Itemized Deductions form.
About the New York Move-In / Move-Out Inspection Checklist
The New York move-in / move-out inspection process is anchored to N.Y. Gen. Oblig. Law §7-108 (as amended by HSTPA 2019), which governs security deposits and establishes the framework for return of possession at the end of a tenancy. The written checklist is the documentary spine of that process. It establishes baseline condition at move-in, creates a contemporaneous record of the condition at each subsequent inspection, and provides the evidentiary support for any security deposit deduction the landlord may claim.
The checklist serves both parties. For the landlord, it documents that observed damage was caused during the tenancy (and is therefore deductible) rather than pre-existing (and not deductible). For the tenant, it documents that the landlord cannot reach back into the deposit for conditions that existed before the tenant ever occupied the unit. A well-documented move-in checklist is the single most effective defense against unfair deposit deductions on either side.
The 14 days Deposit Return Deadline
The 14-day clock starts on the tenant’s vacatur date, not on receipt of forwarding address. Best practice is to obtain the tenant’s forwarding address in writing at move-out, but the lack of one does not extend the 14-day deadline. Send the itemized statement to the last-known address by certified mail and confirm receipt.
The Bad-Faith Standard in New York
Willful violation of §7-108 supports an award of punitive damages of up to 2x the deposit (§7-108(1-a)(g)). Failure to provide the itemized statement and remaining deposit balance within 14 days forfeits the landlord’s right to retain any portion of the deposit. This forfeiture is absolute — even legitimate damages cannot be claimed once the deadline passes (Colon v. Martin, 35 N.Y.3d 75).
The Key Procedural Quirk Landlords Miss
HSTPA also created a mandatory pre-move-out inspection right under §7-108(1-a)(d). The landlord must offer the tenant the opportunity for a joint inspection within a reasonable time after either party gives notice of termination, and again at the conclusion of the tenancy. Failure to offer either inspection may bar the landlord from making any deduction not disclosed at inspection.
The Pre-Move-Out Inspection Right
New York statutorily recognizes the tenant’s right to a pre-move-out inspection. The landlord must offer the tenant the opportunity to inspect the unit before final move-out, and provide an itemized list of deficiencies that could result in security deposit deductions. The tenant then has a meaningful chance to cure those deficiencies before vacating — and avoid the deductions entirely. This is a statutory right, not a courtesy; failure to offer the inspection may compromise the landlord’s right to claim against the deposit.
Permissible Deductions Under N.Y. Gen. Oblig. Law §7-108 (as amended by HSTPA 2019)
Most state security deposit statutes limit permissible deductions to a similar set of categories: (1) unpaid rent, (2) repair of damages caused by the tenant beyond ordinary wear and tear, (3) reasonable cleaning costs to return the unit to its starting condition, and (4) other amounts authorized by the lease. New York follows this framework. Normal wear and tear is NOT deductible — cosmetic aging, faded paint, minor carpet wear from foot traffic, and small nail holes generally fall on the wear-and-tear side.
Common Landlord Mistakes in New York
Based on the most-litigated deposit disputes in New York, the following errors recur:
- Missing the 14-day deadline (absolute forfeiture of all claims)
- Failing to offer the pre-move-out inspection required by HSTPA
- Collecting more than one month’s rent as deposit (post-HSTPA cap)
- Demanding ‘first and last month’s rent’ in addition to security (prohibited)
Wear and Tear vs. Damage
Courts generally treat “ordinary wear and tear” as the natural and gradual deterioration of the rental unit from normal use over time. Faded paint after several years, minor carpet wear in walking paths, small scuff marks at door knobs, and minor nail holes from hanging pictures all generally fall on the wear-and-tear side and are NOT deductible. “Damage” by contrast is harm beyond ordinary use — large holes in walls, carpet stains or burns, broken fixtures, pet urine damage, smoke damage, missing items, deliberate alterations. The detailed move-in/move-out checklist plus photographs are the evidentiary foundation that distinguishes one from the other.
Tenant Screening as the First Line of Defense
The most reliable way to minimize move-out disputes is to thoroughly screen tenants at the application stage. A clean credit history, verifiable employment, and clean eviction history are the strongest predictors of a clean move-out. The tenant screening report includes credit, eviction filings, criminal background, and employment verification — the comprehensive screen that catches most red flags before the tenancy begins.
Local New York Jurisdictions
Local ordinances may impose additional procedural requirements beyond N.Y. Gen. Oblig. Law §7-108 (as amended by HSTPA 2019):
- New York City — NYC Admin. Code §26-2302 (also requires 14-day return) (Admin. Code §26-2302)
- New York City — Tenant Right to Counsel (Universal Access) (NYC Local Law 136)
- Albany — Albany Tenant Protection Ordinance (City Code Ch. 30)
- Buffalo — Buffalo Tenant Protection Ordinance (City Ord.)
- Rochester — Rochester Tenant Protection Ordinance (City Ord.)
Always verify local ordinance compliance before completing the move-out accounting. Local jurisdictions sometimes impose additional disclosure or interest requirements on the deposit return.
Related New York Forms & Resources
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⚖ Legal Disclaimer
This form is provided for general informational purposes only and does not constitute legal advice. New York security deposit law is complex; improper documentation or service can dismiss claims and expose landlords to statutory damages. For New York tenant resources, contact New York State Attorney General — Tenant Rights and review N.Y. Gen. Oblig. Law §7-108 (as amended by HSTPA 2019). Consult a qualified New York landlord-tenant attorney before withholding any portion of a security deposit.
