Normal Wear and Tear: New York Security Deposit Law

New York prohibits landlords from charging tenants for normal wear and tear. Learn what qualifies, what doesn't, and how to dispute improper deductions.

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Law verified March 11, 2026

Normal Wear and Tear: What New York Law Says

Normal wear and tear is legally protected in New York under New York GOL §7-108. Wear and tear refers to the natural deterioration of a property from ordinary use over time: faded paint, minor scuffs on walls, small nail holes from hanging pictures, carpet thinning from foot traffic. Your New York landlord cannot charge you for any of these. Deductions must be limited to actual damage beyond what's expected.

Tenant Tip

If your landlord charged you for items that reflect normal aging: touch-up paint, light carpet wear, minor scuffs, these deductions are very likely improper in New York. Document everything and check your eligibility for our free analysis.

Normal Wear vs. Damage: New York Examples

Normal Wear (NOT chargeable)

âœ“Minor wall scuffs from everyday living
âœ“Small nail holes from hanging pictures
âœ“Faded or lightly worn paint
âœ“Carpet thinning from foot traffic
âœ“Loose door handles from regular use
âœ“Small water stains under normal condensation

Actual Damage (may be chargeable)

âœ—Large holes punched in walls
âœ—Burns on carpet or counters
âœ—Broken windows or fixtures
âœ—Deep, permanent carpet stains
âœ—Pet damage beyond normal shedding
âœ—Unauthorized paint in unusual colors

What to Do if Your New York Landlord Charged for Normal Wear

Under New York GOL §7-108, deductions for normal wear and tear are explicitly prohibited in New York. If your landlord charged you for items that clearly reflect ordinary use, you have strong grounds to dispute those charges.

Document your dispute in writing, citing New York GOL §7-108. Use our free analysis to evaluate your specific charges and calculate what you may be owed.

Legal Reference

Wear & Tear Protected

Primary StatuteNew York GOL §7-108

Penalty StatuteGOL §7-108(1-a)(e)

Small Claims Limit$10,000

Statute of Limitations3 years

Questions

Common questions answered.

Your New York landlord has 14 days after your move-out date to return your security deposit along with an itemized statement of any deductions. This deadline is set by New York GOL §7-108.

If your landlord misses the 14-day deadline, they forfeit the right to withhold any portion of your deposit under GOL §7-108(1-a)(e), even deductions that might otherwise have been valid.

No. New York law under New York GOL §7-108 explicitly prohibits landlords from deducting for normal wear and tear. This includes faded paint, minor scuffs, small nail holes, and carpet thinning from regular use. Deductions must be for actual damage beyond what normal living causes.

Normal wear and tear in New York includes: minor wall scuffs from everyday living, small nail holes from hanging pictures, faded paint over a standard tenancy, carpet thinning from foot traffic, and minor dust or dirt buildup. These are expected costs of renting and are explicitly prohibited as deductions under New York GOL §7-108.

Things that go beyond normal wear: large holes in walls, burns on counters or carpet, significant staining, broken fixtures due to misuse, pet damage beyond normal shedding, graffiti or deliberate markings, and damage from neglected maintenance. New York landlords may deduct for these when properly documented and itemized.