How should a New York tenant document move-in damage?
Write down every existing defect on a move-in inspection checklist on the day you take possession of the unit, before unloading any of your belongings. Photograph every wall, floor, appliance, fixture, and any pre-existing damage in detail. Date-stamp the photos. Have the landlord (or property manager) sign the checklist; if the landlord refuses, send a copy of the completed checklist by email to the landlord the same day with the photos attached. New York small-claims courts treat the move-in checklist as the baseline for what the tenant did or did not damage. Without a documented baseline, every disputed move-out deduction becomes a he-said-she-said. The first 24 hours of a tenancy are the single most important window for protecting the deposit at move-out. Failure to provide the itemized statement within 14 days forfeits the landlord's right to retain any part of the deposit.
Source: GOL 7-108(1-a)(e)
This is an informational answer based on GOL 7-108(1-a)(e) as of early 2026. It is not legal advice. Housing law changes year to year and local ordinances (especially in rent-controlled or rent-stabilized cities) can override or add to state law. For contested cases, consult a New York-licensed attorney.