Landlord Move-In / Move-Out Condition Checklist — New York

LANDLORD MOVE-IN / MOVE-OUT CONDITION CHECKLIST — NEW YORK

N.Y. GENERAL OBLIGATIONS LAW § 7-108 COMPLIANT

This checklist documents the condition of the rental premises at the commencement and termination of a residential tenancy. Under the Housing Stability and Tenant Protection Act of 2019 (HSTPA), landlords must return security deposits with an itemized statement within 14 days after the tenant vacates, or forfeit the right to retain any portion.

SECTION 1 — PROPERTY AND TENANCY INFORMATION

New York Deposit Limit (HSTPA 2019): The maximum security deposit is one month's rent. Landlords may not collect additional deposits characterized as "last month's rent," "pet deposits," "key deposits," or any other refundable charge that, when combined with the security deposit, exceeds one month's rent. (GOL § 7-108(1-a)(a).)

Unit Type (check one):
☐ Non-rent-stabilized (GOL § 7-108 applies)
☐ Rent-stabilized (GOL § 7-107 applies — see special rules below)
☐ Rent-controlled
☐ NYC Housing Authority (NYCHA)
☐ Mitchell-Lama
☐ Other regulated: [________________________________]

SECTION 2 — CONDITION RATING SYSTEM

SECTION 3 — MOVE-IN INSPECTION

Move-In Inspection Date: [__/__/____]
Move-In Inspection Time: [____:____] ☐ AM ☐ PM
Inspection Conducted By: [________________________________]
Tenant Present: ☐ Yes ☐ No

3.1 — LIVING ROOM / ENTRY

3.2 — KITCHEN

3.3 — BATHROOM(S)

Bathroom Location: [________________________________]

(Copy this section for each additional bathroom.)

3.4 — BEDROOM(S)

Bedroom Number: [________________________________]

(Copy this section for each additional bedroom.)

3.5 — DINING AREA / HALLWAYS / STAIRS

3.6 — LAUNDRY AREA (if in-unit)

3.7 — STORAGE / BASEMENT / PARKING

3.8 — EXTERIOR / FIRE ESCAPE / BALCONY

3.9 — SAFETY DEVICES (New York Requirements)

NYC requires smoke detectors and carbon monoxide detectors in all dwelling units (NYC Admin. Code §§ 27-2043, 27-2046.1). NYC Local Law 111 (2013) requires landlords of buildings with three or more units to provide and maintain smoke detectors. Window guards are required in apartments where a child age 10 or younger resides (NYC Health Code § 131.15).

3.10 — PLUMBING / HEATING / ELECTRICAL

NYC Heat Season Notice: Between October 1 and May 31, the landlord must maintain minimum temperatures of 68°F when the outside temperature falls below 55°F (daytime) and 62°F at night regardless of outside temperature (NYC Admin. Code § 27-2029).

SECTION 4 — UTILITY METER READINGS AT MOVE-IN

SECTION 5 — KEYS AND ACCESS DEVICES AT MOVE-IN

SECTION 6 — PHOTO / VIDEO DOCUMENTATION LOG (MOVE-IN)

Total photographs: [____] | Video recorded: ☐ Yes ☐ No
Digital files stored at: [________________________________]

SECTION 7 — MOVE-IN AGREED REPAIRS

SECTION 8 — MOVE-IN SIGNATURES

By signing below, the parties acknowledge that this checklist accurately reflects the condition of the premises at the time of the move-in inspection.

Tenant Signature: __________________________________________ Date: [__/__/____]

Tenant Printed Name: [________________________________]

Tenant Signature (2): __________________________________________ Date: [__/__/____]

Tenant Printed Name: [________________________________]

Landlord / Agent Signature: __________________________________________ Date: [__/__/____]

Printed Name / Title: [________________________________]

SECTION 9 — MOVE-OUT INSPECTION

Move-Out Inspection Date: [__/__/____]
Move-Out Inspection Time: [____:____] ☐ AM ☐ PM
Inspection Conducted By: [________________________________]
Tenant Present: ☐ Yes ☐ No
Forwarding Address Provided: ☐ Yes ☐ No

Tenant Forwarding Address:
[________________________________]
[________________________________]

Move-Out Condition Assessment

Utility Meter Readings at Move-Out

Keys and Access Devices Returned

Unreturned key / device replacement cost: $ [________________________________]

Move-Out Photo / Video Documentation

Total photographs: [____] | Video recorded: ☐ Yes ☐ No

SECTION 10 — SECURITY DEPOSIT ACCOUNTING (14-DAY DEADLINE)

CRITICAL DEADLINE — GOL § 7-108(1-e): The landlord must provide the tenant an itemized statement indicating the basis for the amount retained and return any remaining deposit within 14 days after the tenant vacates. Failure to do so forfeits the landlord's right to retain any portion of the deposit.

Date tenant vacated: [__/__/____]
14-day deadline: [__/__/____]

Itemized statement mailed / delivered on: [__/__/____]
Refund check mailed / delivered on: [__/__/____]
Delivery method: ☐ First-class mail ☐ Certified mail ☐ Personal delivery

SECTION 11 — MOVE-OUT SIGNATURES

Tenant Signature: __________________________________________ Date: [__/__/____]

Tenant Printed Name: [________________________________]

Tenant Signature (2): __________________________________________ Date: [__/__/____]

Tenant Printed Name: [________________________________]

Landlord / Agent Signature: __________________________________________ Date: [__/__/____]

Printed Name / Title: [________________________________]

SECTION 12 — NEW YORK COMPLIANCE SUMMARY

Security Deposit — Non-Rent-Stabilized Units (GOL § 7-108)

• Maximum deposit: One month's rent (HSTPA 2019)
• Trust account: Deposits must be placed in an interest-bearing account at a New York banking institution. The landlord may retain 1% per annum as an administrative fee; the remainder of the interest belongs to the tenant.
• Deposit notice: The landlord must notify the tenant in writing of the name and address of the bank where the deposit is held.
• Return deadline: 14 days after the tenant vacates, with itemized statement.
• Forfeiture: Failure to provide the itemized statement within 14 days forfeits the right to retain any portion of the deposit.

Security Deposit — Rent-Stabilized Units (GOL § 7-107)

• Maximum deposit: One month's rent
• Trust account: Must be held in trust and cannot be commingled with the landlord's personal funds. For buildings of six or more units, the deposit must be placed in an interest-bearing account.
• Interest: The tenant is entitled to the interest earned, less 1% per annum administrative fee.
• Return: Governed by GOL § 7-107; 14-day return rule in GOL § 7-108 may not apply directly — consult counsel.

Normal Wear and Tear

New York law does not provide a statutory definition of "normal wear and tear," but courts generally recognize the following as normal wear: minor scuff marks, nail holes, worn carpet in high-traffic areas, minor fading of finishes, and light scratching on hardwood floors. Damage beyond normal wear includes: large holes in walls, broken fixtures, significant stains or burns, unauthorized alterations, and pet damage.

Prohibited Deductions

• The landlord may not deduct for painting an apartment that was not damaged beyond normal wear and tear
• For rent-stabilized units, landlords may not use security deposits to cover rent arrears without a court order
• The landlord may not retain the deposit for lease-breaking penalties not authorized by statute

Lead Paint Disclosure (NYC)

For buildings built before 1978, the landlord must provide the tenant with a lead paint disclosure and EPA pamphlet. For NYC buildings built before 1960, Local Law 1 requirements apply. Note any chipping, peeling, or deteriorating paint in the checklist above.

NYC-Specific Requirements

• Window guards: Required where a child age 10 or under resides (NYC Health Code § 131.15)
• Two locks: NYC Admin. Code requires at least one deadbolt and one other lock on entry doors
• Self-closing doors: Required in multiple dwellings (Local Law 111 of 2013)
• Heat and hot water: Continuous hot water; heat maintained per NYC heat season rules (Oct 1 - May 31)
• Stove shut-off valves: Required for gas stoves in NYC (Local Law 152 compliance)

SECTION 13 — RECORD RETENTION

Retain this completed checklist, all photographs, video recordings, receipts, invoices, and correspondence for at least six years after the tenancy ends (consistent with the statute of limitations for contract and property damage claims under N.Y. CPLR § 213).

☐ Move-in checklist filed
☐ Move-in photographs/video archived
☐ Move-out checklist filed
☐ Move-out photographs/video archived
☐ Security deposit accounting filed
☐ Bank account notice provided to tenant
☐ Tenant forwarding address on file

This template is provided for informational purposes only and does not constitute legal advice. New York landlord-tenant law involves overlapping state, city, and regulatory requirements. Consult a qualified New York attorney before relying on this document.