Can My Landlord Deduct Normal Wear and Tear from My Deposit in New York?
Researched by the DepositHawk Research Team · Last updated: 2026-06-11 · Verified 2026-06-11
No — landlords in New York generally cannot deduct for normal wear and tear from a security deposit.
Under N.Y. Gen. Oblig. Law § 7-108, normal wear and tear is not a permissible deduction in New York. Normal wear and tear refers to the minor, expected deterioration of a rental unit that results from ordinary, everyday use over time. Landlords cannot charge tenants for this category of wear. If your landlord has charged you for this, you may have grounds to dispute the deduction and recover the withheld amount.
Source: N.Y. Gen. Oblig. Law § 7-108. Verified 2026-06-11.
What Counts as Normal Wear and Tear in New York?
In New York, normal wear and tear is generally not a deductible charge against a security deposit. Landlords here have 14 days from move-out to return it, under N.Y. Gen. Oblig. Law § 7-108, or they risk up to 2x the withheld amount.
Normal wear and tear refers to the minor, expected deterioration of a rental unit that results from ordinary, everyday use over time. Landlords cannot charge tenants for this category of wear.
Common examples in this category:
- Small nail holes from hanging pictures
- Minor scuffs or marks on walls from normal use
- Faded or worn carpet from regular foot traffic
- Loose door hinges from regular use
- Light scratches on hardwood floors from normal use
What New York Law Says Under N.Y. Gen. Oblig. Law § 7-108
Landlords in New York must return a tenant's full security deposit within 14 days of move-out, or send a written itemized statement of every deduction within that same window. Under N.Y. Gen. Oblig. Law § 7-108, a landlord who misses that deadline risks up to 2x the withheld amount.
New York Deposit Key Facts
- Statute
- N.Y. Gen. Oblig. Law § 7-108
- Return Deadline
- 14 days after move-out
- Penalty for Wrongful Withholding
- Up to 2x the withheld amount
- Itemized Statement Required
- Yes
What Your New York Landlord CAN Deduct
In New York, the statute lets landlords deduct unpaid rent and documented damage beyond normal wear when the charge is itemized. Every deduction must be itemized within 14 days under N.Y. Gen. Oblig. Law § 7-108 — otherwise the landlord risks up to 2x the withheld amount.
Permissible deductions under N.Y. Gen. Oblig. Law § 7-108 when properly documented:
- Unpaid rent
- Damage beyond normal wear and tear
- Cleaning if lease requires and unit was left dirty
- Lease-break fees if specified in lease
- Costs to replace items tenant removed or kept
What Your New York Landlord CANNOT Deduct
In New York, the law does not let a landlord deduct for normal wear and tear, such as faded paint or minor scuffs. Wrongly withholding it risks up to 2x the withheld amount, since N.Y. Gen. Oblig. Law § 7-108 gives landlords here only 14 days to get the return right.
Impermissible deductions under N.Y. Gen. Oblig. Law § 7-108:
- Normal wear and tear (minor scuffs, small nail holes, faded paint)
- Carpet replacement after useful life (typically 7-10 years)
- Painting after 2+ year tenancy (normal wear)
- Pre-existing damage not noted at move-in
- Upgrades or improvements beyond restoring to original condition
- Costs to fix landlord deferred maintenance
- Deductions without itemized statement sent within 14 days
How Do I Dispute a Normal Wear and Tear Deduction in New York?
In New York, a tenant can dispute a wrongful deduction with a written demand letter, then sue in small claims court for up to $5,000. Under N.Y. Gen. Oblig. Law § 7-108, the landlord had 14 days to act or owes up to 2x the withheld amount.
If your landlord has deducted normal wear and tear from your deposit and you believe it is improper under N.Y. Gen. Oblig. Law § 7-108, here are your options:
- Send a demand letter — cite N.Y. Gen. Oblig. Law § 7-108 and the specific deduction you are disputing. A statute-cited demand letter puts your landlord on notice and often resolves disputes without court.
- Document everything — gather move-in and move-out photos, your lease, and any written communications with your landlord.
- File in small claims court — if your landlord ignores the demand letter, you can file in New York small claims court. No lawyer is required. The filing fee is approximately $15.
New York landlords who wrongfully withhold deposit funds face Up to 2x the withheld amount in penalties under N.Y. Gen. Oblig. Law § 7-108. The deadline to return your deposit is 14 days from move-out.
Frequently Asked Questions
Can my landlord deduct normal wear and tear from my deposit in New York?
No — landlords in New York generally cannot deduct for normal wear and tear from a security deposit.
What does N.Y. Gen. Oblig. Law § 7-108 say about normal wear and tear deductions?
Under N.Y. Gen. Oblig. Law § 7-108, normal wear and tear is not a permissible deduction in New York. Normal wear and tear refers to the minor, expected deterioration of a rental unit that results from ordinary, everyday use over time. Landlords cannot charge tenants for this category of wear. If your landlord has charged you for this, you may have grounds to dispute the deduction and recover the withheld amount.
What happens if my New York landlord wrongfully deducts normal wear and tear from my deposit?
Under N.Y. Gen. Oblig. Law § 7-108, if your landlord wrongfully withholds your deposit, you may be entitled to Up to 2x the withheld amount in penalties. Landlords must return the deposit within 14 days of move-out. If they miss that deadline or make improper deductions, you can send a demand letter and, if ignored, file in small claims court.
New York Security Deposit Resources
Complete breakdown of N.Y. Gen. Oblig. Law § 7-108: return deadlines, penalties, all deduction rules.
Enter your move-out date to calculate exactly when your New York landlord must return your deposit.
Dispute an improper normal wear and tear deduction with a demand letter that cites N.Y. Gen. Oblig. Law § 7-108 directly.
See what your state’s law says your landlord owes you, then generate a demand letter. Check my rights & generate my letter — $19
DepositHawk is not a law firm and does not provide legal advice. Information and documents are for informational purposes only. No attorney-client relationship is created. Consult a licensed attorney for advice specific to your situation. Information is based on N.Y. Gen. Oblig. Law § 7-108 as of 2026-06-11. Laws change — verify current statutes at your state legislature's website.