Does New York law require a move-in inspection, or just a move-out one?

Both. New York General Obligations Law § 7-108(1-a)(c) says that after initial lease signing but before the tenant begins occupancy, the landlord shall offer the tenant the opportunity to inspect the premises with the landlord or the landlord's agent. If the tenant requests that inspection, the parties must execute a written agreement before occupancy attesting to the condition of the property and specifically noting any existing defects or damages. The statute then makes the consequence concrete: when the tenant vacates, the landlord may not retain any amount of the deposit for any condition, defect, or damage noted in that agreement. Making the offer is mandatory; accepting it is the tenant's choice.

How much notice do I have to give before the move-out inspection?

General Obligations Law § 7-108(1-a)(d) sets two separate timings, and landlords routinely miss the second. Within a reasonable time after either party gives notice of intent to terminate the tenancy — unless the tenant terminates on less than two weeks' notice — you must notify the tenant in writing of the right to request an inspection before vacating and the right to be present at it. If the tenant requests one, the inspection is made no earlier than two weeks and no later than one week before the end of the tenancy, and you must provide at least forty-eight hours' written notice of the date and time. Both steps are statutory duties, not courtesies.

What happens if I miss the 14-day deadline for the itemized statement?

You lose the deduction entirely. General Obligations Law § 7-108(1-a)(e) requires that within fourteen days after the tenant has vacated, the landlord provide an itemized statement indicating the basis for any amount retained and return the rest of the deposit. The sanction is written into the same paragraph: if the landlord fails to provide the statement and the deposit within fourteen days, the landlord forfeits any right to retain any portion of the deposit. Paragraph (g) adds liability for actual damages, and punitive damages of up to twice the amount of the deposit where the violation is willful. Send the statement even when you are deducting nothing.

Can I charge the tenant for turnover cleaning out of the security deposit?

Only where the cleaning is repairing actual damage. General Obligations Law § 7-108(1-a)(b) limits retention to the reasonable and itemized costs of non-payment of rent, damage caused by the tenant beyond normal wear and tear, non-payment of utility charges payable directly to the landlord under the lease, and moving and storage of the tenant's belongings. Routine turnover cleaning is not on that list. The same paragraph goes further and bars the landlord from retaining any amount for costs relating to ordinary wear and tear of occupancy, or for damage caused by a prior tenant — which is precisely why the move-in half of this checklist matters as much as the move-out half.

If the tenant disputes my deductions, who has to prove the damage?

You do. General Obligations Law § 7-108(1-a)(f) provides that in any action or proceeding disputing the amount of the deposit retained, the landlord bears the burden of proof as to the reasonableness of the amount retained. That single sentence is the reason a condition record exists at all. Meeting that burden is evidence practice rather than a statutory formula: a room-by-room record signed by both parties at move-in and again at move-out, dated photographs taken from the same positions on both dates, and repair invoices tied to the specific line items you are charging. Vague notes such as "minor damage" are what fail under this standard.

What if the tenant refuses to sign the move-out checklist?

Document the unit anyway. No New York statute requires the tenant's signature on an inspection checklist, and a refusal does not excuse or postpone anything on your side. Practice, not statute: complete the walkthrough, note on the form that the tenant declined to sign and the date, and photograph every room the same way you did at move-in. Keep the § 7-108(1-a)(d) itemized statement and the fourteen-day statement on schedule regardless. What you cannot do is treat the refusal as a waiver — subdivision 3 of § 7-108 states that any agreement by a tenant waiving or modifying rights under that section is absolutely void.

Does § 7-108 apply to a rent-stabilized or rent-controlled apartment?

Not uniformly, so confirm which regime your unit sits under before relying on these timelines. Subdivision 1 of § 7-108 applies the section to all dwelling units in residential premises unless the unit is specifically referred to in General Obligations Law § 7-107, which covers deposits made by tenants of rent-stabilized dwelling units. Subdivision 1-a — the one month's rent cap, the inspection rights, and the fourteen-day itemization — expressly excludes units subject to the city rent and rehabilitation law or the emergency housing rent control law, along with licensed continuing care retirement communities, assisted living providers, adult care facilities, senior residential communities that have filed an offering plan, and not-for-profit independent retirement communities.

Can I use the signed checklist as evidence in an eviction case?

Be careful, because the statute limits its own documents. General Obligations Law § 7-108(1-a)(c) says the pre-occupancy written agreement is admissible as evidence of the condition of the premises at the beginning of occupancy only in proceedings related to the return or amount of the security deposit, and paragraph (d) puts the same restriction on the pre-move-out itemized statement. That limitation attaches to those § 7-108 documents. If you need condition evidence for a holdover or nuisance proceeding, build a separate record — dated photographs, third-party inspection reports, and repair invoices — and ask a New York landlord-tenant attorney what a court will receive.

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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.

New York GOL §7-108 (deposit) Property Condition Free PDF 2026 Edition

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Free New York Move-In / Move-Out Inspection Checklist — overview

📋WHAT THIS DOCUMENT DOES: A New York move-in/move-out checklist. NY GOL §7-108 (as strengthened by HSTPA 2019) requires inspection opportunities before and after end of tenancy.

📸EVIDENTIARY WEIGHT: A signed checklist (by both parties) plus photos is the strongest possible evidence in any deposit dispute.

⚖STATE-SPECIFIC: NY GOL §7-108 (HSTPA 2019) requires inspection opportunities before and after end of tenancy; 14-day post-move-out itemization deadline. Failure forfeits deposit claim.

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

Landlord (or property manager) full name

Tenant(s) full legal name(s)

🏠2. Rental Property

Property address (street, unit, city, state, ZIP)

Move-in date

Move-out date (if known)

Move-in inspection date

Move-out inspection date

🛋3. Living Room / Common Area

ItemMove-InMove-OutNotes / Damage

Walls / paint

Floors / carpet

Ceiling / lights

Windows / screens / blinds

Doors / locks

Electrical / outlets

🍳4. Kitchen

ItemMove-InMove-OutNotes / Damage

Walls / paint / backsplash

Floors

Cabinets / drawers / hardware

Countertops / sink

Refrigerator

Stove / oven

Dishwasher / disposal / microwave

🛏5. Bedroom(s)

Number of bedrooms

Use the bedroom block below for the master/primary; add notes for additional bedrooms

ItemMove-InMove-OutNotes / Damage

Walls / paint

Floors / carpet

Closet / shelving

Windows / screens / blinds

Electrical / outlets / smoke detector

Notes for additional bedrooms (rooms 2, 3, 4…)

🚿6. Bathroom(s)

Number of bathrooms

Use block below for primary bath; add notes for additional

ItemMove-InMove-OutNotes / Damage

Walls / tile / grout

Floors

Tub / shower

Toilet

Sink / vanity / mirror

Ventilation / GFCI / lighting

Notes for additional bathrooms

🏡7. Exterior / Other Areas

ItemMove-InMove-OutNotes / Damage

HVAC / heating / cooling

Water heater

Laundry / washer / dryer

Patio / balcony / yard

Garage / parking

Smoke / CO detectors