Ithaca, N.Y., Code of Ordinances ch. 258 § 258-2
Definitions
Operative Text
As used in this article, the following terms shall have the meanings indicated: LANDLORD The person who has the right to exclusive possession of certain premises and who, for consideration under a rental agreement, agrees to relinquish that right to another temporarily, retaining a right of reversion of the premises upon termination of such agreement. NORMAL WEAR AND TEAR The deterioration which occurs, based on the use for which the residential unit is intended, without negligence, carelessness, accident or abuse of the premises or equipment or chattels by the tenants or members of his/her household or their invitee or guests. The term "normal wear-and-tear" does not include sums or labor expended by the landlord in removing from such residential unit articles abandoned by the tenant such as trash. If a rental unit was leased to a tenant in a habitable condition or if it was put in a habitable condition by the landlord during the term of the tenancy, "normal wear-and-tear" does not include sums required to be expended by the landlord to return the rental unit to a habitable condition, unless expenditure of those sums was necessitated by action of the landlord, events beyond the control of the tenant or actions of someone other than the tenant or members of his/her household or their invitee or guests. RENTAL AGREEMENT A written or oral agreement embodying and fixing the terms and conditions for the transfer of possession and the use and occupancy of premises, whether or not for a definite period of time. RESIDENTIAL UNIT Any premises which are used for residential purposes under the terms of a rental agreement. SECURITY DEPOSIT The total of all payments and deposits given by a tenant to the landlord as security for the performance of the tenant's obligations. TENANT A person entitled to exclusive possession and occupancy of a residential unit and the right of use of the appropriate appurtenances as provided in a rental agreement, including any other person 18 years of age or over who shares such unit with the knowledge and consent of the landlord.
Section 258-2 of Ithaca's Code of Ordinances establishes the foundational vocabulary for the city's security deposit and rental agreement rules. Key terms defined include 'landlord,' 'tenant,' 'security deposit,' 'rental agreement,' 'residential unit,' and 'normal wear and tear.' Notably, normal wear and tear covers gradual deterioration from ordinary use but excludes damage from negligence or abuse, abandoned trash removal, and—under certain conditions—costs to restore a unit to habitable condition.
Plain English — not legal advice.
Under § 258-2, Ithaca's ordinance draws a clear line between ordinary deterioration and damage that may justify security deposit deductions. Compliant operators generally document a unit's condition at move-in and move-out, distinguishing routine aging from tenant-caused damage or abandoned property. Because the definition of 'normal wear and tear' explicitly excludes trash removal and habitability restoration costs (unless caused by the landlord or outside events), operators typically keep itemized records to support any deductions they make from a security deposit.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 258-2 defines 'normal wear and tear' in a way that protects tenants from being charged for gradual, ordinary deterioration of a rental unit. Tenants should be aware that this definition limits what a landlord can lawfully deduct from a security deposit—costs tied to negligence, abandonment of trash, or restoring habitability may be treated differently depending on the circumstances. If a landlord makes deductions that appear to go beyond what § 258-2 permits, tenants can explore options such as raising the definition as a defense in small claims court or consulting a local tenant-rights organization for guidance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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