Refusing to Move In After an Inspection in New York

Thinking about moving into a new rental in New York? Before you sign a lease or hand over the keys, it's smart to know your rights when it comes to move-in inspections and property disclosures. Understanding when you can refuse to move in protects your safety and finances under New York State law.

Understanding Move-In Inspections and Disclosures in New York

Landlords in New York are required to provide certain disclosures and maintain the rented property in a safe and habitable condition. Before moving in, many renters conduct an inspection to ensure the unit is as promised. This step is also important for protecting your security deposit in the future.

Required Landlord Disclosures

• Lead-Based Paint Disclosure (if the property was built before 1978)
• Bedbug Disclosure (required for New York City apartments)
• Information on Utilities and Building Safety

Find the complete list and detailed explanations on the NYS Homes and Community Renewal Tenants' Rights Guide.

Your Rights After Inspection

If you discover issues during your inspection—such as broken locks, mold, pests, or utilities not working—you may have legal grounds to refuse to move in. In New York, renters have the right to a dwelling that meets basic health and safety standards, known as the "warranty of habitability" found in Real Property Law § 235-b^[1].

When Can You Refuse to Move In?

You can refuse to take possession of the rental—meaning you do not move in and do not accept the keys—if:

• The landlord fails to make essential repairs or the property is not habitable (for example, no heat, severe water damage, infestation)
• Required disclosures were not provided, such as for lead-based paint
• The unit is unsafe or does not meet agreed conditions in the lease

If you’ve paid a deposit but do not move in due to the landlord’s failure to meet legal obligations, you may be entitled to have your money returned. Be sure to notify the landlord in writing right away and document all issues found.

Key Forms: Protecting Yourself if You Refuse to Move In

• Statement of Condition / Move-In Checklist
  While New York does not have a statewide official form for this, it is highly recommended to use a custom move-in checklist. Document all findings with photos. Some localities, like New York City, may provide sample forms—see NYC’s Bedbug Annual Report for required bedbug disclosure in the city.
• Notice to Landlord: Refusal to Take Possession
  No official statewide form exists. However, you should provide written notice (letter or email) outlining problems found and your intent not to take possession. For guidance, visit the New York Attorney General's Renters' Rights Brochure.

Retain copies of all communications and evidence. If a dispute arises, you may file a complaint with the appropriate state agency.

Official Tribunal Handling Tenancy Disputes

In New York, the primary body handling residential rental disputes is the New York City Housing Court (for NYC) and local civil courts or tenancy courts for other cities and counties. These courts resolve issues like security deposit returns and habitability claims.

Action Steps for Renters Who Need to Refuse Move-In

If your inspection reveals serious issues, here’s what to do:

• Take photos and notes detailing all issues found
• Notify the landlord in writing, describing what was discovered and stating your intent not to move in
• Request corrections or repairs when possible, giving the landlord a chance to fix problems
• If not resolved, formally state your refusal to take possession and request your deposit or any prepaid rent be returned
• Keep all documentation and consider contacting a renters’ resource or legal aid service for support

FAQs on New York Move-In Refusals

1. Can I get my security deposit back if I never move in?
   Yes, if you refused to move in due to the landlord’s failure to provide a habitable unit or required disclosures, you can request your deposit back. Document everything in writing and refer to New York Attorney General’s tenant rights guidance.
2. What if the landlord tries to keep my rent payments?
   If you never accepted possession due to valid legal reasons, you may not owe future rent. You may need to present your case and evidence in housing court if the landlord refuses to cooperate.
3. Does the landlord always have to repair everything before move-in?
   No, only repairs that affect habitability and health/safety (like heat, plumbing, or basic security) are required under the law.
4. Is there a special form I must use to refuse a move-in?
   No official form is required, but providing written notice is essential. Use email or letter and keep a copy.
5. Where can I complain if the landlord won’t fix bad conditions?
   You can file complaints with NYC 311 Housing Preservation & Development (in NYC) or the NYS Homes and Community Renewal elsewhere in New York State.

Summary: Key Takeaways for New York Renters

• Renters can refuse to move in after an inspection if serious habitability issues exist or required disclosures are missing.
• Document all deficiencies and notify the landlord in writing promptly.
• If disputes persist, New York’s housing court and state agencies offer avenues for resolution and support.

Knowing your rights helps ensure your new home is safe and up to legal standards—before you commit.

Need Help? Resources for Renters

• NYS Homes and Community Renewal: Tenant's Rights & Protections
• New York State Attorney General: Renters' Rights Brochure
• New York City Housing Court (for NYC cases)
• NYC 311 - Report Housing Conditions
• LawHelpNY: Affordable Legal Assistance Finder

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1. Real Property Law § 235-b – Warranty of Habitability
2. NYS Homes and Community Renewal: Tenants' Rights
3. NYS Attorney General: Renters' Rights
4. NYC Housing Court

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