Free New York Move-In / Move-Out Inspection Checklist
New York move-in/move-out checklist under GOL §7-108 as strengthened by HSTPA (2019). Landlord must offer inspection both before end of tenancy (2 weeks notice) and after move-out (14 days for itemized statement). Failure to comply forfeits deposit claim.
Free New York Move-In / Move-Out Inspection Checklist — overview
A New York Move-In / Move-Out Inspection Checklist is property-condition documentation. New York’s HSTPA (2019) strengthened tenant rights under GOL §7-108 – landlord must offer inspection opportunities both before and after end of tenancy and provide written itemized statement of damages within 14 days of move-out.
Complete the Inspection Checklist
Walk through the property with the tenant. For each area, mark the condition at move-in. At move-out, repeat the walk-through and mark the condition again. Both landlord and tenant sign at move-in and move-out. Take time-stamped photos for every room. The checklist is most valuable when supplemented with photographic evidence.
⚠ Wear-and-tear vs. damage — critical distinction
Ordinary wear-and-tear is NOT chargeable against the security deposit in any state. Faded paint, minor carpet wear in traffic patterns, small nail holes, and minor scuffing are typically not chargeable. Damage beyond ordinary use IS chargeable: stains, holes >1 inch, broken fixtures, pet damage, smoke damage, and similar. Document with photos; note both pre-existing conditions at move-in AND damage at move-out.
1. Parties
2. Rental Property
3. Living Room / Common Area
4. Kitchen
5. Bedroom(s)
6. Bathroom(s)
7. Exterior / Other Areas
8. Keys, Remotes, and Other Items Provided
9. Signatures — Move-In
10. Signatures — Move-Out
About the New York Move-In / Move-Out Inspection Checklist
New York’s General Obligations Law §7-108, significantly strengthened by HSTPA (Housing Stability and Tenant Protection Act of 2019), imposes specific inspection procedures. Before the end of the tenancy, the landlord must (upon tenant request) offer the tenant an opportunity to inspect the premises with the landlord, with at least 2 weeks notice. After this pre-move-out inspection, the landlord must provide a written itemized statement of any conditions for which the landlord intends to make a deduction, and the tenant may cure these conditions before the end of the tenancy. After move-out, the landlord has 14 days to return the deposit OR provide a written itemized statement of damages with supporting documentation. Failure to comply with §7-108 procedures forfeits the right to claim against the deposit. HSTPA also limits deposits to 1 month rent and changed the burden of proof in deposit disputes – the landlord bears the burden of proving damages.
New York Inspection Framework
- Statute: NY GOL §7-108 (as strengthened by HSTPA 2019)
- Deposit cap: 1 month rent
- Pre-move-out inspection right + cure opportunity (with 2 weeks notice)
- Post-move-out itemization: 14 days deadline
- Burden of proof on landlord (HSTPA shifted from tenant)
- Failure to comply with §7-108 = FORFEITURE of deposit claim
Why This Form Matters
In New York, the move-in/move-out checklist is critical because of HSTPA’s strict procedural requirements and the shifted burden of proof. The landlord must prove damages — a signed checklist (by both parties) plus photos is the strongest evidence. The pre-move-out inspection right with cure opportunity is also tenant-favorable: tenants who actually cure conditions cannot then be charged. Best practice: offer the pre-move-out inspection promptly, conduct the move-out inspection immediately at vacate, provide the §7-108 itemized statement within 14 days, and retain all documentation.
Best Practices
- Walk through together. Both landlord and tenant should be present at both move-in and move-out. The signed checklist is much stronger evidence than a unilateral one.
- Photograph everything. Time-stamped photos for every room, every wall, every appliance. Use a smartphone with location and timestamp metadata.
- Be specific in notes. “Small nail hole 3 inches above light switch in east wall” is much more useful than “minor damage.”
- Document pre-existing issues. If the unit has issues at move-in (faded paint, worn carpet), document them so the tenant isn’t blamed at move-out.
- Save the checklist for at least the statute of limitations. Disputes can arise years after move-out – keep the signed checklist and photos for at least 4 years (most states).
- Distinguish wear-and-tear from damage. Wear-and-tear is NOT chargeable. Document both, but only charge for actual damage beyond ordinary use.
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⚖ Legal Disclaimer
This checklist is provided for general informational purposes only and does not constitute legal advice. A signed checklist (with photos) is critical evidence in any security-deposit dispute. For New York tenant resources, visit NY DHCR and (for NYC) NYC HPD. Consult a qualified New York attorney for high-value deposit disputes.
