New York Move-Out Inspections and Cleaning Deductions
In New York, a landlord who wants to keep part of a security deposit for cleaning has to follow a fixed process under General Obligations Law § 7-108. Tenants can ask for an inspection before they move out, the landlord has to put any proposed cleaning or repair charges in writing, and an itemized statement has to reach the tenant within 14 days of moving out. Miss that 14-day window and the landlord loses the right to keep any of the deposit.
The rules apply to most residential leases across the state, not only New York City.
The law behind it
The Housing Stability and Tenant Protection Act of 2019 rewrote New York's deposit rules. The main points for anyone moving out:
- Deposit cap. A residential security deposit cannot be more than one month's rent.
- What it can cover. The landlord may keep money only for unpaid rent, damage beyond ordinary wear and tear, utility charges the tenant owes under the lease, and moving and storing belongings the tenant left behind.
- Burden of proof. If the deduction is disputed, the landlord has to show the charge was reasonable.
- Penalty. A landlord who willfully breaks the deposit rules can be ordered to pay punitive damages of up to twice the deposit, on top of returning it.
Cleaning is not listed as its own category. A cleaning charge has to fit under "damage beyond ordinary wear and tear," which is why the line between normal living and neglect matters so much in New York.
The pre-move-out inspection
Once either side gives notice to end the tenancy, the landlord must tell the tenant in writing that they have the right to request an inspection before moving out, and that they can be present for it.
If the tenant asks, the inspection happens no earlier than two weeks and no later than one week before the tenancy ends. During or right after it, the landlord gives the tenant an itemized statement listing the specific repairs or cleaning that could be deducted. The tenant then has until the move-out date to fix those items themselves.
This is the most useful step in the whole process for a tenant. It turns a vague "the unit needs cleaning" into a written list, and anything on that list that is handled before the keys go back should not show up as a deduction later.
A few things to do around the inspection:
- Request it in writing (email works) as soon as notice is given, so the date can be booked inside the one-to-two-week window.
- Bring the move-in condition report or photos if you have them.
- Ask the landlord or super to point out each item on the list, then photograph each one.
- Book the cleaning for after the inspection, not before, so the crew works from the landlord's own list.
The 14-day statement after move-out
Within 14 days of the tenant vacating, the landlord must send an itemized statement of the reason for any amount kept, along with whatever balance remains. If no statement arrives in time, the landlord forfeits the right to keep any part of the deposit, even for real damage.
The statement should be specific. "Cleaning, $400" with no breakdown is easy to challenge. A line that says "degrease oven and range hood, remove grease from cabinet fronts" points to an actual condition, and that is the kind of charge a landlord can defend if it goes further.
What counts as wear and tear in a cleaning dispute
New York law does not give a cleaning checklist, so disputes usually turn on whether the condition comes from normal use over the lease or from the tenant not keeping the unit up. Common examples:
| Usually ordinary wear and tear | Often treated as a chargeable condition |
|---|---|
| Light scuffs on walls and baseboards | Grease built up inside the oven, on the hood and cabinet fronts |
| Carpet worn flat in walking paths | Pet hair, odour or stains through the carpet |
| Faded paint or blinds from sunlight | Soap scum and mildew left in the tub and shower |
| A few small nail holes | Food left in the fridge or freezer, or a fridge left off and closed |
| Light dust on surfaces | Garbage, furniture or belongings left behind |
Length of tenancy matters too. A unit someone lived in for six years will show more wear than one rented for a year, and the comparison point is the condition at move-in, not "brand new."
Building a move-out clean around the inspection list
The cleanest way to protect a deposit in New York is to treat the inspection statement as the scope of work. A typical inspection-focused move-out clean covers:
- Kitchen: inside the oven and broiler drawer, stovetop and drip pans, range hood and filter, inside and behind the fridge where it can be pulled out, inside all cabinets and drawers, sink and faucet.
- Bathrooms: tub and shower tile and grout, glass doors and tracks, toilet base and behind it, vanity inside and out, mirror, exhaust fan cover.
- Living areas: baseboards, door frames, light switches, window sills and tracks, closets and shelves, radiator covers.
- Floors: vacuum and wash hard floors, vacuum carpet (extraction is a separate decision).
Anything the landlord listed that falls outside cleaning, such as patching holes or repainting, is a repair item and needs its own plan. You can see the full scope on the move-out cleaning service page and the New York service page.
Timing in a city where moves are tight
In New York City many leases end on the last day of the month and the next tenant moves in on the first. That leaves little room. Practical timing:
- Inspection one to two weeks before move-out (the legal window).
- Movers out first, then the clean in an empty unit, ideally the day before the keys are returned.
- Final walk-through photos after the clean, room by room.
- Keep a copy of the cleaning invoice and the scope that was done.
If the landlord's 14-day statement later lists items that were on the inspection list and were handled, the photos and invoice are the response.
Notes for landlords and property managers
The same rules apply from the other side. To keep a cleaning deduction defensible:
- Send the written notice of the right to an inspection as soon as notice to end the tenancy is given.
- Write the inspection statement with specific items, not general statements.
- Take dated photos at move-in and move-out.
- Base any deduction on an actual invoice or a reasonable cost for the listed work.
- Send the itemized statement within 14 days, every time.
Missing the 14-day deadline costs the whole deduction, which is a bigger loss than any cleaning bill. For multi-unit turnovers, the deposit return cleaning guide covers the room-by-room standard most inspections look for.
Frequently asked questions
Can a New York landlord charge a cleaning fee when you move out?
Only if the cleaning fixes a condition beyond ordinary wear and tear, and only through the itemized statement sent within 14 days of move-out. New York law limits what a deposit can cover to unpaid rent, damage beyond wear and tear, owed utilities, and moving or storing left-behind belongings. A flat automatic cleaning fee taken from every deposit regardless of condition is hard to justify under those rules.
How long does a landlord in New York have to return a security deposit?
The landlord has 14 days after the tenant vacates to return the deposit or send an itemized statement explaining any amount kept, with the balance. If the statement is not provided within 14 days, the landlord loses the right to keep any portion of the deposit.
Does a tenant have to attend the pre-move-out inspection in New York?
No, but you have the right to be there, and it is worth attending. Being present lets you see each item the landlord flags and ask questions on the spot. The landlord must then give you an itemized statement of proposed repairs or cleaning so you can take care of them before moving out.
Do these rules apply outside New York City?
Yes. General Obligations Law § 7-108 applies to residential tenancies statewide, so the deposit cap, inspection right and 14-day statement apply in Buffalo, Rochester, Albany and the rest of the state as well as the five boroughs. Local rules, such as rent-stabilization requirements, can add to them but do not replace them.
Get a move-out clean scheduled around your inspection
Tell us your move-out date, the unit size and what the landlord's inspection list says, and we will send a written quote for a clean built around that list. Request a quote.