Your landlord can't charge you for ordinary wear and tear

In New York, a landlord may not keep any amount of your deposit for ordinary wear and tear. Damage beyond ordinary wear and tear is different and can be deducted.

Usually ordinary wear and tear

• Paint that's faded or lightly scuffed after years of living there
• Carpet worn down where people walk
• A few small nail holes from hanging pictures
• Loose handles or sticky drawers from normal use

Usually damage

• Large holes in walls or doors
• Burns, deep stains or pet damage
• Broken windows, fixtures or appliances

The line depends on the facts, including how long you lived there. Charges for cleaning, painting or carpet are common places where the line gets crossed.

Before you move out

You can ask your landlord for an inspection before you leave. The landlord then has to list what they'd deduct for, so you have a chance to fix it.

Based on N.Y. General Obligations Law § 7-108, checked October 2026. General information, not legal advice.