New York’s Lease Excess Wear and Damage Law provides a legal remedy for consumers who lease a new or used motor vehicle and dispute excess wear and damage charges levied against them by the leasing company upon termination of the lease.  

The Lease Excess Wear and Damage Program enables a consumer/lessee to contest 

(1) whether damage to the leased vehicle exists, 

(2) whether such damage constitutes "excess” wear and damage above normal wear and damage, 

(3) the amount of the charges sought by the lessor for excess wear and damage, and 

(4) whether the lessor complied with lease-end notice and vehicle access requirements. 

To qualify, all of the following must be true:

• The vehicle was leased in New York State.
• The vehicle was leased after 1995.
• The lease duration was more than 4 months.
• The vehicle was used primarily for personal use.

Under the Lease Wear and Tear Lemon Law, the lessor must:

• Describe the damages you will be liable for in the lease agreement.
• Provide you with an itemized bill that contains an itemized list of estimated or actual cost of repairing or replacing each item, and the address to which you should mail your response AND an appraisal that is dated and signed by the lessor or its agent and that identifies each EWD item within 30 days of getting the vehicle back.
• Mail or deliver to you a notice advising you of your legal rights and obligations 20-40 days before the end of the lease if the lease is ending as scheduled.
• Mail or deliver to you a notice advising you of your legal rights and obligations no more than 10 days after the lease ends if the lease is terminating early. 

The notice must advise you of the following:

• You have the right to get an itemized appraisal of any EWD. This must be done at your own expense and before you return the car. It must be done by an appraiser licensed by the DMV, no more than 20 days before you return the car.
• The lessor has the right to get its own itemized appraisal of EWD up to 30 days after it gets the car back. The appraisal must be done by a DMV-licensed appraiser.
• If your appraisal disagrees with the lessor’s, either of you can submit the dispute to an arbitration process. This can be either the lessor’s own informal settlement procedure or the Attorney General’s arbitration program. You must submit the dispute for arbitration within 60 days of the lessor receiving the car back. 
• If you did not get an appraisal before returning the car, you still have the right to get one. You must have the car appraised within 10 business days of receiving (or within 14 days of the lessor having sent) the lessor’s itemized appraisal and bill for EWD.  
• If the lessor’s EWD claim is based on the actual cost of repairs and you did not get your own appraisal, the only things you can dispute are whether a claimed item exists, or whether the item is more than the actual cost of repairs.

No, if you return the car at the end of the lease. Instead of repairing the car and charging you for the repair costs, the lessor may use an estimate.

However, if you return the car before the end of your lease, the lessor can charge only as much as the actual cost of repairs (minus any discounts) that it paid.

The lessor must allow your licensed appraiser access to the car at a reasonable time and place. The lessor is not required to deliver the car to your appraiser. 

If the lessor does not allow your appraiser reasonable access to the car, it forfeits the right to collect any EWD charges.