Getting Your Security Deposit Back; Many Tenants Have a Right To a Pre-Exit Inspection

Jul 10, 2023

In Episode 11 we discuss the law that says many tenants have a right to a pre-exit inspection. For non-Rent-Stabilized tenants, within a reasonable time after notification by either the landlord or the tenant of either’s intention to terminate the tenancy (unless it is the tenant terminating the tenancy with less than two weeks’ notice), the landlord shall notify the tenant in writing of the tenant’s right to request an inspection before vacating the premises and of the tenant’s right to be present at the inspection. If the tenant requests such an inspection, the inspection shall be made no earlier than two weeks and no later than one week before the end of the tenancy. The landlord shall provide at least forty-eight hours written notice of the date and time of the inspection. After the inspection, the landlord shall provide the tenant with an itemized statement specifying repairs or cleaning that are proposed to be the basis of any deductions from the tenant’s deposit. The tenant shall have the opportunity to cure any such condition before the end of the tenancy. See General Obligations Law 7-108(1-a)(d).

In today’s case, we see what happens when the landlord fails to give the tenant the notice of the right to the inspection.

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We have a great blog post up about security deposits!