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N.Y. Gen. Oblig. Law § 7-108

Citation
N.Y. Gen. Oblig. Law § 7-108
Jurisdiction
New York (state)
Source verification
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Full Text

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(b) The entire amount of the deposit or advance shall be refundable to
the tenant upon the tenant's vacating of the premises except for an
amount lawfully retained for the reasonable and itemized costs due to
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 terms of the lease or tenancy, and moving and storage of the
tenant's belongings. The landlord may not retain any amount of the
deposit for costs relating to ordinary wear and tear of occupancy or
damage caused by a prior tenant.

(c) 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
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. 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 such agreement. The agreement shall be 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.