Normal Wear and Tear on Paint and Extra Costs Repainting a Smoker's Apartment

[Ignatz451]

My question involves landlord-tenant law in the State of: Minnesota

I have a tenant who is leaving after 11 years in a studio apartment. Tenant smoked regularly, and several painters have told me that before painting, I will need to apply a more expensive, shellac-based primer to the walls in order for the paint to stick.

Tenant had washed all painted surfaces down with tsp before leaving, but even so, 11 years of smoke requires me to take this extra step.

Can I withhold the damamge deposit, or part of it, since I will need to spend extra on a shellac-based primer?

Or would that fall under "normal wear and tear after 11 years?

Could he take me to scs for withholding a partial damage deposit?

Apartment is in Minneapolis, Minnesota.

[jk]

having to repaint would be covered under normal wear and tear. Having to take special actions to repair damage would not be normal wear and tear. Think of having to apply the shellac similar in fashion as having to fix a hole before painting. It is damage, not normal wear and tear.

Now, with that said: depending on how much this is going to cost, it may not be worth the trouble of charging for it. If the tenant disagrees with your position, he could sue you. Even if you win, you would have to spend the effort to defend yourself.

[Mr. Knowitall]

Did the unit have a no-smoking clause in the lease? If not, it sounds like this is the normal wear and tear from having a smoker live in a unit for more than a decade as opposed to something that can be attributed to the tenant as 'damage'.

Are there additional facts we should know?