Whether you’re in a new apartment and considering painting the walls or you’re moving out of a unit you painted, understanding the relationship between painting and your security deposit can be overwhelming. By checking your lease agreement for rules regarding changes and considering the concept of “normal wear and tear,” you can gain clarity on these matters.
Can you be charged for painting an apartment after you move out?
Whether your landlord can charge you for painting after you move out depends on the circumstances. Generally, landlords cannot deduct the cost of repainting from your deposit in normal circumstances. Most landlords do not permit tenants to paint their units unless they agree to restore the walls to their original or a neutral color before moving out. Repainting is a routine task that landlords typically undertake for basic upkeep.
Making sense of your security deposit
When you first sign your lease, you’ll need to pay a security deposit. Your landlord then holds onto this fixed sum of money until your lease ends in case you cause any damages to the unit. Security deposits are typically equal to one month’s rent, but depending on the situation and where you live, you might end up paying more upfront. While many states set limits for security deposits, other states don’t cap security deposits at all.
If you take a look at your lease agreement, you’ll likely find the words “normal wear and tear” along with information about your deposit. No matter how much you pay, your security deposit is refundable … well, most of the time. Certain situations exist where your landlord can (completely legally) keep some or all of your security deposit. Some lease agreements will include stipulations for what your landlord can spend the security deposit on. However, most landlords just use a general statement about how your deposit covers damages “other than normal wear and tear.”
Normal wear and tear vs. damage
Normal wear and tear refers to minor, unavoidable damage that comes from regular use of a space. You can think of it as the natural deterioration any unit experiences simply because people are living in it.
Examples of normal wear and tear include:
- Carpets wearing down from regular use
- Curtains fading due to sun exposure
- Scuffs on hardwood due to people walking on it
However, wear and tear won’t cover deterioration that comes from neglect, misuse, or general filth. In other words, if someone tears down those curtains or punches a hole in your wall during a party, that damage doesn’t count as normal wear and tear. You’re likely on the hook for covering those damages with your security deposit.
Damages that almost always dip into a security deposit include:
- Appliances or fixtures broken because of negligence, like broken shelves or cracked tiles
- Filth such as excessive mildew or mold in the shower or bath
- Water stains on wood floors because of inadequate cleaning
- Pet messes such as urine stains
- Missing carbon monoxide or smoke detectors
- Large holes in the walls or a large number of holes from hanging pictures, but only if those holes require the landlord to patch and repaint the walls
Your landlord can’t use a security deposit to pay for basic cleaning. They can, however, deduct cleaning costs if you leave grime all over the bathroom, food rotting in your fridge, or trash all over your unit when you move out.
Is painting considered normal wear and tear?
Whether painting is considered normal wear and tear depends on various factors, including the specific circumstances and the expectations set forth in the lease agreement. Generally, minor scuffs, marks, or wear on painted surfaces that result from normal daily use would be considered normal wear and tear. However, if the paint is significantly damaged or there are excessive marks, stains, or changes to the color due to tenant negligence or misuse, it may be deemed beyond normal wear and tear.
When does a renter need to cover painting costs?
If you painted the walls, the rules change a bit. If your landlord gave you permission to paint as long as you agreed to return the walls to the original color or a neutral color, you can expect to receive your deposit back as long as you do that necessary painting.
However, if you paint the walls without first getting your landlord’s permission or don’t bother to repaint the walls per your agreement, your landlord can deduct the cost of repainting the walls to their original color from your deposit. Likewise, if you cause stains to the paint, your landlord can deduct the cost from the security deposit.
Who is responsible for painting a rental property?
To sum it up, you may need to repaint your rental property if you change the color of the walls during your lease. Even if you plan to return the walls to their original color before moving out, you should still first ask your landlord for permission before you dive into your initial paint job. Your landlord has the right to use the security deposit to cover repainting costs if you paint without permission, paint the walls an unusual shade and don’t repaint, or cause damages beyond normal wear and tear that require repainting.
Your landlord, on the other hand, must take care of repainting for general upkeep purposes. If you followed all clauses in your lease and the walls are simply due for a painting refresh after you move out, your landlord should not charge you for that painting.
While some situations do exist where your landlord can legally keep money from your security deposit or charge you to cover the cost of painting, you can avoid losing money by following the clauses in your lease and asking for permission before you paint.
Frequently asked questions
It depends on the specific circumstances and the terms outlined in your lease agreement. In general, if you painted the walls without obtaining permission from your landlord or failed to restore them to their original or neutral color as agreed, your landlord may deduct the cost of repainting from your security deposit.
Normal wear and tear on painted surfaces refers to minor, unavoidable damage that occurs as a result of regular use. This includes small scuffs, light marks, or fading that can be expected over time. However, significant damage, excessive marks, stains, or changes to the color due to tenant negligence or misuse would not be considered normal wear and tear.
This will depend on how much painting is required. For example, the cost of painting one wall in a room will be significantly less than if painting is required in the entire unit. Most leases will detail how much repainting will cost in either your lease or in your move-out paperwork. Typically, you can expect a cost of around $400-$500 for a full paint of a 1-bedroom apartment.
Typically no. Touch-up painting is almost always included in the normal wear and tear of the unit. For example, if you had pictures hung and there are nail holes in the walls, the landlord or property manager will simply require that you spackle the holes. Typically the maintenance team will have extra paint on hand to then cover any spackle. The exception to this is if there is any large damage to the wall or paint that would cause maintenance to have a larger surface to paint.
If you believe you have been unfairly charged for painting, it’s important to discuss the matter with your landlord or property manager. Request a detailed breakdown of the charges and provide any evidence, such as photos or documentation, that support your claim. If a resolution cannot be reached, you may consider seeking legal advice or mediation to address the issue further. Make sure when you complete your inventory and condition form that you make note of the quality of the paint and mention any preexisting chips to the paint.
In general, the responsibility for repainting the rental property falls on the landlord as part of their maintenance and upkeep duties. However, if a tenant significantly damages the painted surfaces beyond normal wear and tear, or if the lease agreement specifies the tenant’s responsibility for repainting, the tenant may be required to cover the costs.
To protect yourself, it’s important to carefully review your lease agreement. Seek permission from your landlord before making any changes to the unit’s paint and ensure you understand and follow any requirements for restoration. Document the condition of the unit with photos or a move-in checklist to have evidence of the initial condition. Communicate openly with your landlord regarding any painting plans and keep records of all correspondence.
Final thoughts
Understanding your rights and responsibilities regarding painting and charges after moving out is essential for a smooth transition and to protect your security deposit. By familiarizing yourself with your lease agreement, communicating with your landlord, and adhering to agreed-upon terms, you can mitigate potential disputes and ensure a fair outcome.
Remember to document the condition of the unit before and after your tenancy, preferably with photos or a move-in checklist, to have evidence in case of disagreements. Open communication and clarity regarding painting permissions and restoration expectations can go a long way in maintaining a positive landlord-tenant relationship.
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