Ithaca, N.Y., Code of Ordinances ch. 258 § 258-8
Burden of proof
Operative Text
In any court action brought by a tenant for the return of the security deposit, the landlord shall bear the burden of proving that the withholding of the security deposit or any portion of it was justified.
Under Ithaca, N.Y., Code of Ordinances ch. 258 § 258-8, when a tenant files a court action to recover a withheld security deposit, the legal burden of proof shifts to the landlord rather than the tenant. This means it is the landlord's responsibility to demonstrate, with evidence, that any amount withheld was justified. The rule departs from the general civil-litigation default in which the party bringing the claim typically bears the burden of proof.
Plain English — not legal advice.
Ithaca, N.Y., Code of Ordinances ch. 258 § 258-8 places the burden of proof squarely on landlords in any court action over a security deposit. Compliant operators generally maintain thorough move-in and move-out documentation—such as dated inspection reports, photographs, and itemized repair receipts—so that any withholding can be substantiated if challenged. Keeping organized records of the property's condition and related expenses is a standard practice that supports a landlord's ability to meet this burden.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under ch. 258 § 258-8 of the Ithaca Code of Ordinances, tenants who bring a court action to recover a withheld security deposit are not required to prove the withholding was unjustified—that obligation falls on the landlord. Tenants who believe a deposit was improperly withheld may consider filing in small claims court, where this burden-shifting rule applies, or reaching out to a local tenant-rights organization for general information about the process. Documenting the condition of the rental unit at move-out, such as through photographs and written communication with the landlord, is a commonly recommended general practice.
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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