can my landlord charge me for paint?

Question

I live in ca. there is a law about normal wear and tear but i dont know what it is .there is nothing in my lease about paint

Answer 1

The concept of "normal wear and tear" is subjective and would be difficult to quantify in law. To a great degree it's just common sense. For example, using small nails to hang pictures and decorate the place is normal - driving a spike the size of a pencil in the wall isn't. Minor to moderate scuffing of the walls from the movement of furniture is normal, allowing three kids with markers and crayons to draw a mural on the walls and trim isn't.

In my experience, unless the place was freshly painted before you moved in, you're probably off the hook for all but the most serious abuse of the walls (like holes from doorknobs and such).

If you are concerned that the landlord may try to charge you unfairly, do the following:

1. Have a witness look at the place with you BEFORE you hand it over to the landlord who can later testify to condition of the property.

2. Take LOTS of photos. If it isn't moving, take a picture of it. If it IS moving, hold it down, then take a picture of it.

3. Be present at the final inspection. In most states you have a right to be present - though you can't necessarily specify the time and date. If there are issues to be dealt with from your deposit money, it's better to see them with the landlord and understand whether or why you'll be charged while you have an opportunity to question and discuss them.

4. Prepare a brief form for the landlord or his agent to sign when they walk-through with you that itemizes the damages (or not) they intend to hold you accountable for. If there are none, have a statement (or check boxes) to indicate none were found. If things get ugly, this will be useful in court and your witness can attest that the landlord signed it (or refused to) in his/her presence.

5. Bring your friend/witness to the inspection. Ask them not to speak. They are simply there to observe (witness) the proceedings. An "overly helpful" friend who talks too much can do more harm than good.

6. Be cordial and offer to work through any issues. Remember a final inspection is just that - final. The landlord is not obliged to allow you to correct any deficiencies unless he wants to.

7. Accept responsibility if there are damages you caused. Don't try to hide things or argue the obvious with the landlord. More often than not, he/she will do you right if he feels you're doing the same (Golden Rule).

Answer 2

Normal wear and tear means no damages such as lots of nail holes that need to be patched and repainted or holes in the walls that need to be patched and repainted. If there are such damages you would be charged for the patching and repainting.
In Michigan, the landlord does not have to repaint after each tenant as long as the walls have no damage and can be cleaned. Same with carpet. Carpet has a life of up to 13 yrs if tenants take care of it. I do not know what the CA laws are in that respect. But most "wear and tear" requirements are the same in every state.

Answer 3

When I was living in California (20 yrs ago), the law required that the walls be painted and carpets at least cleaned inbetween tenents. I was never charged for these things, but it was just normal wear and tear. I would consult a local property management company and see what they have to say, as to if there have been any changes in regulations

Answer 4

Tell him to find it on the lease. If it isn't there in writing, then he can't. Normal wear and tear are usually the landlord's responsibility. You aren't the one making the paint weather, chip, and peel.

Answer 5

You replied your individual question. The partitions have been newly pained once you moved in. there have been no holes. The hire contract had a clause that time out you weren't precise make holes interior the partitions. on your fact you indicated there are gashes interior the wall, the wall is grimy and there are some holes alongside the baseboard. Who made the holes, gashes and led to the partitions to be grimy after in basic terms one 3 hundred and sixty 5 days interior the apartment unit? the owner is unquestionably interior the suited to assume to get the valuables decrease back interior the comparable concern wherein he rented the unit minus commonly used placed on and tear. After one 3 hundred and sixty 5 days he partitions should not be grimy and grimy nor could there be gashes or holes interior the wall, for this reason that is not any longer commonly used placed on and tear. The artwork might desire to be carried out in a workman like concern, no longer in basic terms thrown on paint and blotched hollow filler. you've got the skill to fill the holes paint the apartment factors your self or have this required artwork taken out of your deposit. i'm hoping this has been of a few earnings to you, good success. "combat ON"

Answer 6

If there is not in the lease, you should not get charge. Make sure you read the lease well because there are a lot of fine prints ! Also, when you move, the land lord will try to take some money from your deposit ( in my experience ) - Try to fight back. It is your money btw.

Answer 7

I wouldn't think so. But you may want to get on line and check out some of the laws.

Answer 8

thats a bs landlord, however the cost to dispute it is more then the cost of the paint, so its a lose lose, being a landlord is a shady bussiness

Answer 9

should come outta ur security/damage deposti

Answer 10

If it's on the lease, yes.......