When a tenant vacates an apartment are they responsible forcosts of fixing normal wear and tear?

UPDATED: Jan 25, 2011

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When a tenant vacates an apartment are they responsible forcosts of fixing normal wear and tear?

Apartment left in mint condition. Is tenant responsible to pay for “paint touch-up” ($200) and cleaning ($125)?

Asked on January 25, 2011 under Real Estate Law, New York


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

As for cleaning, you're responsible for leaving the rental in the same condition as when you arrived.  If you did so, than you cannot lawfully be charged for any subsequent cleaning of the premises.  As for repair costs, landlords can charge for incidental repair costs and costs of repairing their rentals beyond the normal wear and tear of the property.  Landlord's may also deduct from security deposits damage costs for tenants who damage the property or modify the property without the landlord's consent. 
Note:  Landlords may collect administrative expenses if the fee does not exceed 1% of the security deposit.

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