How to Document Existing Damage at Move-In in New York

Moving into a new apartment in New York is an exciting step, but it's important to protect yourself from unexpected security deposit deductions. One key way to do this is by carefully documenting all existing damage when you move in. Understanding your rights and responsibilities under New York law helps ensure a smooth tenancy and makes disputes less likely.

Why Documenting Existing Damage Matters

When you move into a rental unit, you’re typically required to pay a security deposit. This deposit is meant to cover any damage you cause to the apartment beyond normal wear and tear. However, if you don’t record any prior damage during move-in, your landlord might hold you responsible for issues you didn’t cause. Creating a clear record helps protect you if there are questions when you move out.

New York Law: Security Deposits, Inspections, and Move-In Condition

New York State protects tenant rights through the New York State Real Property Law (RPL) Article 7. All security deposits must be handled according to these rules, and landlords must provide tenants with written receipts. Landlords of buildings with six or more units are required to allow tenants an inspection before moving out and disclose how deposits will be used.^[1] While the law doesn’t require a landlord-provided move-in report, it’s in your best interest to create thorough documentation yourself.

How to Document Existing Damage at Move-In: Step-by-Step

Taking the time to document move-in condition is straightforward and can significantly reduce potential conflicts. Here’s what you should do:

• Request a walkthrough: On or around your move-in day, ask your landlord or property manager to walk through the apartment with you.
• Take clear photos and video: Capture each room, focusing especially on any damage such as scratched floors, chipped paint, stains, or broken appliances.
• Write a detailed checklist: Create a list or use a move-in checklist form (see below) to note every issue, no matter how small.
• Date and sign your documentation: Add the move-in date to your checklist, and if possible, have your landlord co-sign or at least acknowledge it.
• Email or upload copies: Send a dated copy—including photos—via email to your landlord, or use your landlord's online portal if provided. This creates a digital trail.

Sample Move-In/Move-Out Checklist (Official Form)

While New York State does not require landlords to give tenants an official move-in inspection form, many city and state agencies recommend using a Move-In/Move-Out Checklist (see page 21 of the official Attorney General's guide). This checklist helps both parties keep a written record of apartment conditions.

• Form Name: Move-In/Move-Out Checklist (provided by NY State Attorney General)
• How to Use: Fill out the checklist on move-in day, listing all damages or needed repairs. Example: If you notice a cracked window, write it down and take a photo.
• Official Source: Tenant's Rights Guide – New York Attorney General

Important Rights and Tips for New York Renters

• Landlords of buildings with six or more units must offer a pre-move-out inspection on written request. During this, tenants can document damage before leaving.
• Security deposit deductions are only permitted for unpaid rent, damage beyond normal wear and tear, or other lease breaches.
• Any itemized statement of deductions and deposit refund must be provided within 14 days after moving out. If your landlord fails to do so, you may be entitled to recover your deposit and possibly additional damages.

Documenting condition at move-in is one of the most powerful tools to safeguard your rights as a New York tenant. Familiarize yourself with your responsibilities and communicate clearly with your landlord.

FAQ for New York Renters About Documenting Damage

1. Do landlords in New York have to provide a move-in checklist?
   No, but it’s strongly recommended that tenants create one themselves. Official guides, like the NY Attorney General’s Tenant’s Rights Guide, offer sample forms for your use.
2. What if my landlord refuses to review or sign my documentation?
   You should still complete the checklist, take dated photos, and send it to your landlord by email. This creates a time-stamped record, which can help if disputes arise later.
3. How long should I keep my move-in documentation?
   Keep all materials until your security deposit is fully returned, and ideally until you are safely out of any legal dispute window—usually at least a year after moving out.
4. Can I get my deposit back if the landlord claims damage I didn’t cause?
   Yes, if you have proof (photos, checklists). If the landlord withholds your deposit without valid reason, you can file a complaint or a claim in court using your evidence.

Key Takeaways

• Document all existing damage as soon as you move in to protect yourself.
• Use a move-in checklist and take time-stamped photos for added security.
• New York law offers important protections—know your rights and responsibilities under the Real Property Law.

Need Help? Resources for Renters

• NYS Division of Housing and Community Renewal (DHCR) – Renters Portal: Official information on tenant rights and complaint forms.
• NY State Attorney General’s Tenant’s Rights Guide: Comprehensive guide including checklists and legal advice.
• Contact NYS Homes and Community Renewal: For help with complaints or mediation.
• The main official board for residential tenancy is the New York State Division of Housing and Community Renewal (DHCR), Office of Rent Administration.

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1. New York State Real Property Law (RPL) Article 7 – Landlord and Tenant
2. Tenant’s Rights Guide – NY Attorney General
3. NYS Division of Housing and Community Renewal – Renters

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