Can landlords charge for painting a rental property? This may be one of the questions you have when moving into or out of a rental property. The answer largely depends on your lease agreement, which outlines the responsibilities of both the landlord and the tenant. However, there are a few scenarios where landlords may deduct the cost of painting from your security deposit. Read along to learn when landlords can charge for painting, how much they can deduct, and how to avoid painting charges.
Key Takeaways:
- Landlords generally cannot charge for painting due to normal wear and tear, but may deduct costs for wall damage or unauthorized painting.
- Most rentals should be repainted every 3 to 5 years, depending on use and local standards.
- Tenants can avoid unfair painting charges by reviewing their lease, documenting the property’s condition, and disputing unfair deductions in writing.
When Landlords Can Charge for Painting
Can landlords charge for painting in rental properties? Well, in most cases, landlords are responsible for routine maintenance, which includes repainting after several years of tenant turnover. However, there may be scenarios where a landlord or property manager in Austin can legally charge for re-painting, including the following.
- Damage Beyond Normal Wear and Tear - Landlords can charge for painting (or deduct from the security deposit) if they’re dealing with large holes in walls, graffiti, smoke stains, permanent marker, or other damage that goes beyond normal wear and tear.
- Unauthorized Painting - If you paint your walls without written approval or use colors that make the unit harder to re-rent, landlords may deduct the cost of restoring the walls from your security deposit.
- Negligence Resulting in Damage - If you fail to maintain the property in a reasonably clean condition, it can lead to repainting charges. For instance, if there’s excessive dirt, grease, or mold from poor ventilation, a landlord will likely charge or deduct from your security deposit to cover damages.
How Often Should a Landlord Repaint?
So, when does a landlord need to repaint their property? Well, there’s really no set timeline on when it needs to be done, as it usually depends on the lease agreement, how much wear and tear the property has endured, and local regulations.
A general rule of thumb most landlords follow is to repaint the property every three to five years to keep it in good condition and attractive to prospective renters. Here are some of the factors that can help determine when it’s time to repaint.
- Length of Tenancy - Units that turn over more frequently may only need touch-ups between tenants. However, when long-term tenants move out, there may be more wear and fading that calls for a full repainting.
- Paint Quality - High-quality, durable paints with easy-to-clean finishes can last longer than cheaper paints that may fade, chip, or stain faster.
- Tenant Lifestyle - Rental units with kids, pets, or smokers tend to show wear sooner than those without, so they may need to be repainted sooner.
- Location in the Home - High-traffic areas, like hallways, entryways, kitchens, and bathrooms, may need to be repainted sooner than bedrooms or living rooms.
- Local Housing Standards - While most areas don’t have regulations regarding repainting rental properties, some cities and states may have specific guidelines. That said, landlords are expected to ensure properties are habitable, which may indirectly require repainting.
What Landlords Can Legally Deduct from Your Deposit
So, when can landlords charge for painting, and how much can they deduct?
Generally, landlords cannot deduct the cost of repainting a property from your security deposit if the circumstances are typical. This means that they’re only repainting due to normal wear and tear or doing it as a routine part of maintenance. However, there may be some circumstances where they can deduct from your deposit.
For instance, if you paint the walls without permission, the landlord can deduct the cost of repainting the walls to their original color from the deposit. That said, the total cost they deduct usually depends on how many walls they have to paint.
For instance, if it’s just one wall or one room, the amount they deduct may be minimal. However, if they have to repaint all of the walls, it could end up being the entire cost of the deposit or even more.
Tips for Tenants to Avoid Painting Charges
If you want to avoid getting charged for painting in a rental property, the first thing you’ll want to do is carefully read over your lease agreement. This will tell you the rules regarding painting during your tenancy. With that, you’ll also want to protect yourself by taking photos of the property during both the move-in and move-out process.
Remember, landlords may charge for repainting if there is damage to the walls. So, if you want to decorate your rental unit to make it more your style, consider using peel-and-stick wallpaper or command hooks instead of painting.
You can also always ask your landlord if you can paint the walls–they may agree if your request is reasonable. That said, if you do work out an agreement with your landlord, make sure to get it in writing or added to the lease agreement. That way, they can’t unofficially agree to it and then charge you for it later on.
What to Do If You’re Charged Unfairly
If you’re a tenant and you believe you’ve been unfairly charged for painting costs, there are a few things you can do. You don’t have to accept the charges without question. As a tenant, you have rights, and there are steps you can take to dispute improper security deposit deductions.
- Ask for an Itemized List of Deductions - Landlords are generally required to provide a written list of deductions within a set time frame after you move out. If they don’t, you can ask for one to see exactly what you’re being charged for.
- Review Your Move-In Records - You’ll want to review your move-in inspection and compare your deductions to the condition of the property when you first moved in. If you feel you’ve been wrongfully charged, documentation is your best friend.
- Write a Written Dispute Letter - Consider sending a written response to your landlord explaining why the charges are unfair. Make sure to include your documentation proving why they’re wrongfully charging you.
- Take Legal Action If Necessary - If your landlord isn’t hearing you out, you may need to take it to small claims court as a last resort. That said, many courts side with tenants if landlords can’t prove that deductions go beyond normal wear and tear.
Ask Your Property Manager About Your Rights & Responsibilities
If you have questions about your rights and responsibilities as a tenant, the first person you can consult is your property manager. Our property managers at Stone Oak Management are here to answer any questions you have, support you during your tenancy, and protect your tenant rights. Contact us today to learn more about our tenant resources.
