What counts as normal wear and tear in New York?
New York courts generally distinguish wear and tear (not deductible) from damage (deductible). Wear and tear includes: minor scuffs and nail holes, faded paint, worn carpet pile, loose grout, lightly worn appliance handles, and routine cleaning to a reasonable level. Damage includes: holes larger than a small nail, broken windows or fixtures, deep stains in carpet, smoke or pet odor requiring full cleaning, missing or destroyed appliances, and any modification not approved. The line is fuzzy in close cases. Failure to provide the itemized statement within 14 days forfeits the landlord's right to retain any part of the deposit. New York small-claims judges typically read close cases against the landlord.
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.