If you’re renting an apartment in New York, you’ll want to understand the concept of “normal wear and tear.” This small phrase is found in every lease agreement, and determines whether or not you’ll receive your security deposit at the end of the lease term.

While normal wear and tear is expected, it does not include damage caused by tenant negligence or abuse. The difference between these two ideas determines who is responsible for what when it comes to caring for your rented home.

Examples of Normal Wear and Tear

Normal wear and tear refers to the condition of the property after a period of regular day to day living. It is reasonable for a landlord to see some deterioration of their property over time.

1. Minor Scuffs and Scratches on Walls: Everyday activities such as moving furniture or hanging pictures resulting in superficial marks such as minor scuffs and scratches.

2. Faded or Worn Paint: Natural fading of wall and ceiling paint and signs of wear over a lease term, especially in high-traffic areas like hallways or entryways.

3. Worn Carpeting or Flooring: Signs of carpet and flooring wear in areas with heavy foot traffic, such as living rooms or hallways. Thinning fibers or minor stains on flooring providing the damage is consistent with regular use and not excessive.

4. Loose or Worn Door Handles and Locks: Loose and slightly scuffed door handles and locks that don’t affect the functionality of the door.

5. Fading of Window Treatments: Slightly worn or faded window blinds and curtains due to exposure to sunlight.

6. Gradual Deterioration of Appliances: Gradual wear and minor exterior dents or scratches on appliances such as refrigerators, stoves, and dishwashers.

7. Fading or Discoloration of Bathroom Fixtures: Regular fading or discoloration of bathroom fixtures like faucets, showerheads, and toilet seats due to regular use and cleaning.

8. Naturally Worn Countertops and Cabinets: Minor scratches or dents on countertops and cabinets may from regular use.

The Difference Between Normal Wear and Tear and Damage

Property damage is caused by tenant negligence, misuse, or intentional acts. If your landlord discovers damage at the end of your lease term, they can deduct the cost of repairs from your security deposit.

Holes or Large Tears in Walls: Any significant damage to walls, such as holes from nails or screws, large tears, or extensive gouges. These issues typically require repair or patching.

Broken or Damaged Appliances: Damage to appliances such as broken handles, malfunctioning components, or damage caused by misuse or neglect. Tenants are typically responsible for repairing or replacing appliances damaged during their lease term.

Excessive Stains or Damage to Flooring: While minor wear on flooring is expected, excessive stains, burns, or damage such as large tears or holes in carpets or scratches on hardwood floors, constitute damage that needs to be repaired.

Pet-Related Damage: Damage caused by pets, such as scratches on floors or doors, urine stains on carpets, or chewed moldings. Tenants with pets are responsible for repairing or remedying any damages caused by their animals.

Water Damage from Neglect: Water damage resulting from neglect, such as leaks from unaddressed plumbing issues or failure to properly ventilate the property. Tenants are responsible for promptly reporting and addressing maintenance issues to prevent further damage.

Landlord and Tenant Rights and Responsibilities

Landlords and tenants each have responsibilities and rights when it comes to maintaining the rental property.

Landlord Responsibilities

Under New York law, landlords are responsible for maintaining the property in a habitable condition, providing essential services such as heat and hot water, and adhering to the terms of the lease agreement. Landlords must also comply with laws related to security deposits, fair housing, and eviction procedures.

Tenant Responsibilities

Tenants in New York are entitled to certain rights and protections under state and local laws. These rights include the right to a habitable living environment, protection against illegal eviction, and the right to withhold rent in certain circumstances, such as when repairs are not made promptly. While tenants are not expected to return the property in brand-new condition, they are responsible for minimizing damage and reporting maintenance issues to the landlord.

Handling Security Deposits

Security deposits serve as financial protection for landlords against property damage. For non rent-controlled or rent-stabilized units, landlords in New York are required to return the security deposit within 14 days of the tenant moving out.

Security Deposit Laws

New York state law imposes regulations on security deposits, including the maximum amount that landlords can collect and the timeframe for returning the deposit at the end of the lease term. Landlords are required to place security deposits in separate bank accounts and provide tenants with written notice of the bank's name and address.

Determining Deductions

At the end of the lease term, landlords may deduct a portion of the security deposit to cover the costs of repairing damage beyond normal wear and tear. Landlords should only deduct amounts necessary to repair damage as outlined in the lease agreement and New York state law.

Dispute Resolution

If a landlord deems the property has been damaged, they must provide tenants with an itemized list of deductions and the repair costs to be deducted from the security deposit. Tenants have the right to dispute any deductions they believe are unjustified, and landlords must be prepared to provide evidence to support their claims.

In cases where there is uncertainty about whether damage is considered normal wear and tear or tenant negligence, landlords and tenants may need to negotiate and, if necessary, seek legal guidance to reach a resolution. Both parties have access to legal remedies and dispute resolution mechanisms. This may include mediation, arbitration, or filing a lawsuit in a housing court.

Tips for Tenants

While normal wear and tear is inevitable in any rental property, there are steps that tenants can take to minimize damages and maintain the premises in good condition throughout the lease term.

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Here are some practical tips for tenants:

Document the Condition of the Property

Take photos or videos of the rental property before moving in and again before moving out to document its condition. This documentation can serve as evidence in the event of disputes over damages and security deposit deductions.

Report Maintenance Issues Promptly

Be proactive in reporting any maintenance issues or concerns to the landlord or property management company as soon as they arise. Minor issues can quickly grow into larger problems if not dealt with in time.

Use Furniture Pads and Area Rugs

Protect floors and surfaces from scratches and stains by using furniture pads under heavy furniture legs and placing area rugs in high-traffic areas.

Avoid Making Unauthorized Alterations

Obtain permission from the landlord before making any alterations or modifications to the property, such as painting walls or installing shelves.

Treat Your Home With Care

Practice regular cleaning and maintenance to prevent build up of dirt and grime. Try to regularly ventilate damp areas such as bathrooms and kitchens to prevent mold, and use care with appliances and fixtures.

Understanding the distinction between normal wear and tear and property damage will help preserve the condition of your apartment. By maintaining open communication with your landlord or property manager throughout the lease term, you can address issues promptly and ensure a fair and transparent process for the return of your security deposit.

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