Can a Landlord Charge for Painting if It's Not in the Lease?
When you move into a new rental property, you give the landlord a security deposit. Most states allow the landlord to hold this deposit until you move out, and to deduct the cost of certain repairs from the full amount before returning it to you. What the landlord can deduct, such as the cost of painting your rental unit, depends on the laws in your state and your lease agreement.
Reasonable Deductions
In most states, a landlord can deduct the cost of repairing anything beyond normal wear and tear from your security deposit. For example, if your child colors over the walls in your living room with a marker, the landlord can deduct the cost of painting that room from your security deposit. If you left the windows open and rainwater stained the interior paint, the landlord can charge you. Also, if you painted the walls a different color without getting written permission from your landlord, he can charge you for repainting if your lease agreement states you cannot make changes to your rental.
Illegal Deductions
Certain things, like paint, have a shelf life and will wear with age regardless of how you treat your rental. Typically, your landlord cannot deduct the cost of painting just because the paint aged and needs redone after you move. In most states, the landlord cannot charge you the cost of repainting if the walls only need minor cleaning. For example, if the kitchen walls have small surface stains, the landlord can deduct the cost of a professional cleaning job from your security deposit, but not the cost of painting the walls.
Returning the Securty Deposit
Most states require that the landlord return your security deposit within a certain time after you move out of the rental property. For example, according to RentLaw, California landlords must return the security deposit within three weeks of a tenant's departure. If the landlord deducted the cost of painting from your security deposit, he must send you an itemized invoice that breaks down those costs.
Tips
Taking before and after photos can help you resolve any security deposit disputes with your landlord. Take clear photos of the walls in every room as soon as you move into a new rental. When you move out, take after photos of every room, making sure the photos clearly show the walls. You can use these photos as proof if the landlord charges you for damages you did not cause.
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