When you move into a new apartment, the landlord or agent must provide you with a Statement of Condition within 10 days of beginning tenancy or after receiving a security deposit, whichever one is later. If you do not agree to the Statement of Condition, you must submit a corrected copy to the landlord within 15 days of receiving it or within 15 days of moving in, whichever is later. For example, if there are scratches or dents in the walls, make sure you inform the landlord in writing within the required time period, or else you may be responsible for these damages when you move out. If you later sue for your security deposit back, the courts may view this lack of a written correction as an agreement to the original Statement of Condition. Upon receiving the corrections from the tenant, the landlord has 15 days to respond clearly agreeing or disagreeing with the corrections.
If a Statement of Condition is not provided by the landlord within the required time, you should write your own, send a copy to the landlord and keep a copy for your own records.
When you leave an apartment, the landlord must return the security deposit back to you after deducting costs for damages to the apartment within 30 days of vacating the premise. Deductions from the security deposit can only be made for unpaid rent, unpaid increases in real estate tax if the tenant is responsible for taxes pursuant to their lease terms, and any reasonable amount of necessary repair caused by the tenant, their guests, and pets. Costs associated with normal wear and tear on the apartment cannot be deducted from the security deposit. If deductions are made, the landlord must provide you with a statement of the damages and the estimated or actual costs of repair, such as bills, receipts, or invoices. Damages listed on the Statement of Condition cannot be deducted from the security deposit. If the cost of damages is above the security deposit amount, the landlord is free to sue for the additional costs.
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