Can my landlord use my deposit to pay to repaint the apt.?

Question

I will be moving out by the end of the month, the landlord said that he was going to use part of my deposit to repaint the apartment, there are no holes on the wall it's clean, we've been living there for 2 years, I just want to know if he can actually do this.

Answer 1

It depends on your lease. But usually if the walls are clean and no repairs are needed then repainting just for the next owner should fall under the category of routine maintenance and should not come out of your deposit. I would call the attorney generals office in your state and ask for landlord tenant laws to see if it is legal. They will either be able to help you or can direct you tot he right department. I would also take pictures of your apartment after you pack and move your stuff out to document that the walls were not marked up or torn up in any way. (This in case he says after he paints that they were dirty cause by then you will have no proof that they weren't.)

Answer 2

Well, it depends. First, your security deposit is supposed to be used to pay for any damages the apartment incurred while leased in your name. So, if you didn't damage it in anyway you should get a full refund. He cannot use it to randomly repaint it for the next tenant. That cost is usually rolled into that tenant's rent. I'm pretty sure he's required by law to repaint every few years anyway, but that's not your problem. Check your lease and see if that's in there anywhere. If you're still not sure consult a housing authority attorney. In the future, just to protect yourself, before you move in to an apartment, do a walk through with your landlord and video tape every nook and cranny of the unit pointing out any previous damage, then negotiate in writing what the landlord will do to fix it. That way when you move out you can prove the condition of the unit when you moved in.

Answer 3

If you have not done anything to damage the paint in the apartment, only normal wear and tear, then the cost of repainting the apartment should fall under routine maintenance and not be deducated from your deposit.

Unfortunately, this becomes a costly lesson for many renters. The best thing to do is to take photos of the condition of the apartment before you move in and after you have moved out, to have verification. If possible, this should be done with a camera that prints the date onto the photos. Be absolutely certain that if you are moving into a place with pre-existing damage that this is recorded well in the photos. Then, you will have verification that can be taken to an arbitrator to verify whether or not you are responsible for charges that are deducted from a deposit.

Answer 4

Yes, your landlaord can use the deposit to fix any damages to repaint the apartment. Some landlords use your deposit to do that some don't, but almost all landlords repaint an apartment before every new tenant whether you think it needs it or not.

Answer 5

Look up the requirements on your state's web site. Probably called "Revised Statutes". I was surprised at just what was supposed to be covered in a lease - including provisions for normal wear and tear - if landlords followed the rules in stead of using forms from the local office supply you would have the information in front of you.
If the landlord is in the wrong but will not release the deposit, you have recourse in small claims court which you can do without an attorney.

Answer 6

No! Only if the walls have been painted a different color or other damage has been done to the walls..Otherwise it's considered normal wear and tear..The landlord has to repaint the apt. anyway because new tenants will be moving it..you should get back your full deposit!!

Answer 7

Excellent question. You should have had a check in form when you first rented the unit and that same form should then have been used for the exit inspection. Most landlords don't even know that such a form exists or they don't want to use it. So chances are that you did not use this form. This forms shows the conditions of the outside and room by room on the inside and shows what is needed and who is going to pay for it when you first rent and provides for what conditions must be apparent when you exit. A damage deposit use is so stipulated in the language of your lease and as such you need to read that instrument and analyze the four corners. Further the laws in your particular state applies; you will need to read your land lord tenant laws as they apply to use of the damage deposit. If you wish you can go to http://www.realestateformnm.com/contact.html and ask staff to send you the link for your state's land lord tenant act they will do this for free. Good luck

Answer 8

No. Unless you damaged the walls and it doesn't sound like you did ... painting is the responsibility of the landlord. They cannot charge you for normal wear and tear, only for damages.

Make it clear that his redecorating is not at your expense, and you will take legal action to recover your deposit.

Many states allow double and triple damages plus legal fees for wrongly withheld security deposits. You may want to find this out and point that out to him if it applies.

Take dated photos of ALL your walls before you leave.

Answer 9

i dont thinkhe can do that. if you did no damage to the apt, then you are owed your full security deposit. i would say no he cant do that. it is the landlords decision to paint an apartment after a tenant moves out. if he is doing it because he "wants" to then no he cant use your security deposit. if he needs to paint the walls because of something you did, then yes he can. you might want to contact your local housing authority and see if they can give you any advice.

Answer 10

Look over your lease & see what it says about your deposit. Some places tell you what is your responsibility to fix when you leave. If he doesn't specify, confront him about it and tell him you don't think it's fair to use your money to repaint it if you didn't cause any damage. If he is just wanting a different color, he needs to pay for it. Good luck!