By LeaseHelper
New York doesn't require a move-in/move-out checklist by name, but N.Y. Gen. Oblig. Law § 7-108 imposes inspection and written-agreement duties that function exactly like one — and skipping them costs landlords their right to keep any part of the security deposit.
This guide covers exactly what the statute requires at move-in and move-out, the precise timing rules that trip up small landlords, what changed in November 2025 for rent-stabilized units, and a decision tree to help you know which obligations apply to your property.
1. The statutory foundation: GOL § 7-108 and what it actually requires
New York doesn't use the phrase "move-in checklist" anywhere in its landlord-tenant code. What it has instead is a structured inspection-and-written-agreement system embedded in the security deposit statute. New York's security deposit laws are governed primarily by the General Obligations Law (GOL) §§ 7-103 through 7-108, amended significantly by the Housing Stability and Tenant Protection Act of 2019. That 2019 overhaul is where the inspection duties live, and they're not optional suggestions — they're conditions that determine whether you can legally keep any portion of the deposit.
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 to determine the condition of the property. If the tenant requests such an inspection, the parties shall execute a written agreement before the tenant begins occupancy of the unit attesting to the condition of the property and specifically noting any existing defects or damages. This written agreement — sometimes called the "Precondition Agreement" — is the functional equivalent of a move-in checklist under New York law.
The move-out side mirrors it. Within a reasonable time after notification of either party's intention to terminate the tenancy, unless the tenant terminates the tenancy with less than two weeks' notice, the landlord shall notify the tenant in writing of the tenant's right to request an inspection before vacating the premises and of the tenant's right to be present at the inspection. Failing to issue that written notice doesn't automatically forfeit the deposit — but it removes a critical layer of documentation protection for the landlord.
2. Move-in inspection: what must happen and when
If you rented a unit after July 14, 2019, your landlord is required to offer an inspection of the unit with you present. The inspection should occur before the tenant moves in; either the landlord or the landlord's agent must be present. The offer must come after the lease is signed — not before — which means you're already in a binding contract when you walk through the unit together.
If the tenant accepts the offer and an inspection happens, the legal consequence is concrete. Upon the tenant's vacating of the premises, the landlord may not retain any amount of the deposit or advance due to any condition, defect, or damage noted in the written agreement. That's a hard prohibition, not a balancing test. Pre-existing damage that shows up in the move-in agreement is permanently off the table for deductions.
If the tenant declines the inspection offer, document that they declined — in writing, ideally via email. Since a move-in inspection is not required of the tenant, thoroughly documenting all pre-existing damage can make the difference between winning or losing a small claims suit. Photos with timestamps, a walkthrough video, and a dated note in your records are your fallback if no joint inspection occurs.
3. Move-out inspection: the 48-hour rule and the cure window
The move-out inspection is tenant-triggered, but the landlord has to set it up correctly once notice of lease termination is given. If the tenant requests such an inspection, the inspection shall be made no earlier than two weeks and no later than one week before the end of the tenancy. The landlord shall provide at least forty-eight hours written notice of the date and time of the inspection. Scheduling the inspection outside that window — even by a day — is a procedural error that undermines your position in any subsequent dispute.
After the inspection, two things must happen in sequence. After the inspection, the landlord shall provide the tenant with an itemized statement specifying repairs or cleaning that are proposed to be the basis of any deductions from the tenant's deposit. The tenant shall have the opportunity to cure any such condition before the end of the tenancy. This is the "cure window" — the tenant gets a chance to fix problems before the lease ends to avoid having costs taken from the deposit. It's not optional, and you can't skip it by simply issuing the final itemized statement early.
The legislature intended that a landlord shall provide up to two itemized statements to the tenant who opts to repair or cure the alleged damages. The first itemized statement is delivered before the end of the tenancy and identifies the repairs and cleaning that is needed to cure the damages. The second itemized statement is to be delivered by the landlord to the tenant within 14 days after the tenant vacated the premises, and must describe in specific terms the basis for retaining some, or all, of the security deposit.
4. The 14-day deadline and what happens when you miss it
Within fourteen days after the tenant has vacated the premises, the landlord shall provide the tenant with an itemized statement indicating the basis for the amount of the deposit retained, if any, and shall return any remaining portion of the deposit to the tenant. Both the deposit (or remainder) and the written itemized statement must go out within that 14-day window. Sending one but not the other doesn't satisfy the statute.
If a landlord fails to provide the tenant with the statement and deposit within fourteen days, the landlord shall forfeit any right to retain any portion of the deposit. That forfeiture applies even if the underlying damage claim was completely legitimate. This automatic forfeiture applies even if legitimate damage exists. Missing the deadline means losing all deduction rights.
The penalties get steeper for intentional conduct. Any person who violates the provisions of this subdivision shall be liable for actual damages, provided a person found to have willfully violated this subdivision shall be liable for punitive damages of up to twice the amount of the deposit or advance. Under GOL § 7-108(1-a)(f), in any dispute over the deposit, the landlord shall bear the burden of proof as to the reasonableness of the amount retained. The landlord has to prove they were right to keep the money — the tenant doesn't have to prove they were wrong.
5. November 2025 update: rent-stabilized units now covered
Before late 2025, the strict 14-day framework under GOL § 7-108 applied specifically to non-regulated units. Rent-stabilized tenants had thinner protections under a separate provision. That changed. According to the Rent Guidelines Board, effective November 15, 2025, changes to Section 7-107 of the General Obligations Law extended these security deposit protections to rent-stabilized tenants.
This procedure — the pre-move-out inspection right, the itemized statement, and the cure opportunity — was the law for non-regulated tenants under HSTPA, and as of November 15, 2025, it now applies to rent-stabilized tenants as well. If you manage a mixed portfolio — some free-market units, some stabilized — you now run the same inspection and documentation workflow for every unit at turnover.
New York security deposit law now applies full HSTPA protections to rent-stabilized units. If you manage a mixed portfolio, your workflows for stabilized units need to reflect the updated law, including the move-out inspection requirement and itemized statement obligations.
6. Decision tree: which inspection obligations apply to your unit?
Use the decision tree below to identify which obligations apply at move-in and move-out for a given unit. The key variables are whether the tenancy began after July 14, 2019, whether the unit is rent-stabilized, and whether the tenant actually requests an inspection.
7. Common landlord mistakes documented from New York court cases
New York courts have produced a clear record of the errors that cost landlords their deductions. In 14 E. 4th St. Unit 509 LLC v. Toporek, 203 A.D.3d 17, the Court found that the penalty of forfeiture is only mandated when the landlord fails to provide an itemized statement of the repairs. This interpretation of GOL § 7-108(1)(e) limits the availability of forfeiture to failure to provide an itemized statement, as opposed to failure to put the tenant on notice of its right to inspect. That's a meaningful distinction: not giving the pre-departure inspection notice is bad practice and weakens your documentation, but the deposit forfeiture penalty specifically flows from missing the 14-day itemized statement.
The following table summarizes the most common documentation errors and their legal consequences under GOL § 7-108.
| Mistake | Statute | Consequence |
|---|---|---|
| Not offering move-in inspection at all | GOL § 7-108(1-a)(c) | Landlord cannot prove pre-existing damage; high litigation risk |
| No written agreement signed after move-in walkthrough | GOL § 7-108(1-a)(c) | Inspection has no evidentiary weight in deposit dispute |
| Failing to notify tenant in writing of pre-departure inspection right | GOL § 7-108(1-a)(d) | Weakens deduction arguments; tenant denied cure opportunity |
| Scheduling pre-departure inspection outside the 1–2 week window | GOL § 7-108(1-a)(d) | Procedural violation; undermines deduction position in court |
| Less than 48 hours' notice for inspection date/time | GOL § 7-108(1-a)(d) | Inspection notice defective; creates dispute about tenant's cure opportunity |
| Missing the 14-day return/itemized statement deadline | GOL § 7-108(1-a)(e) | Forfeit ALL right to retain any portion of deposit |
| Collecting more than one month's rent as deposit | GOL § 7-108(1-a)(a) | Punitive damages up to 2× the excess amount; AG complaint exposure |
| Deducting for normal wear and tear | GOL § 7-108(1-a)(b) | Deduction void; potential willful violation finding if repeated |
Paperwork and timing mistakes are a common reason evictions and related legal actions are dismissed. The same principle applies to deposit disputes: courts apply GOL § 7-108 strictly, and a landlord with legitimate damages but sloppy procedure regularly loses to a tenant with questionable claims but a missed deadline.
About LeaseHelper: LeaseHelper builds AI-powered lease, eviction, and rental document generators for small landlords and property managers, and publishes guides on landlord-tenant law, security deposits, and evictions.
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Get started →Frequently asked questions
Is a move-in checklist legally required in New York State?
New York doesn't use the term "checklist" in its statutes, but N.Y. Gen. Oblig. Law § 7-108(1-a)(c) requires landlords to offer tenants a pre-occupancy inspection after lease signing and, if the tenant accepts, to execute a written agreement documenting the unit's condition. That written agreement functions as the legal equivalent of a move-in checklist. If the tenant declines the inspection, the landlord should document the unit's condition independently with timestamped photos, because any deduction taken at move-out must be for damage the tenant caused — not pre-existing conditions. The obligation to offer the inspection applies to all residential tenancies that began after July 14, 2019.
What exactly has to be in the move-out itemized statement, and how do I deliver it?
The itemized statement must specify each repair or cleaning cost you're deducting, along with the proposed amount for each item. Courts have interpreted "itemized" strictly — vague descriptions like "cleaning" or "repairs" without detail are routinely rejected. Deliver it together with any remaining deposit balance within 14 calendar days of the tenant vacating (the clock starts when they hand back possession, not the lease-end date). Missing that combined deadline forfeits your right to keep any portion of the deposit under GOL § 7-108(1-a)(e), even if the underlying damages were real. Send via certified mail and keep a copy with delivery tracking.
My tenant gave less than two weeks' notice before moving out. Do I still have to do a pre-departure inspection?
Under GOL § 7-108(1-a)(d), the landlord's duty to notify the tenant in writing of their right to a pre-departure inspection is triggered only when there is sufficient notice — the statute specifically carves out situations where the tenant terminates with less than two weeks' notice. In that scenario, you're not required to offer the pre-departure walkthrough, but you're still bound by the 14-day deadline to return the deposit and provide an itemized statement after they vacate. Always document the unit thoroughly with dated photos as soon as they leave to protect your deduction claims in any subsequent dispute.
My building has rent-stabilized units. Does the same checklist process now apply to those?
Yes. Effective November 15, 2025, amendments to N.Y. Gen. Oblig. Law § 7-107 extended the full inspection and 14-day return requirements to rent-stabilized tenants. Before that date, stabilized units operated under a different, less detailed framework. Now, whether a unit is free-market or rent-stabilized, the same obligations apply: offer a pre-occupancy inspection, execute a written condition agreement if the tenant accepts, notify them of their pre-departure inspection right at move-out, give at least 48 hours' notice of the inspection date, provide a pre-departure itemized statement with a cure window, and return the deposit with a final itemized statement within 14 days of vacancy. If you manage mixed portfolios, use the same workflow across all units.