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Withholding Security Deposit For Repainting

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  • 07-09-2008, 08:09 PM
    KK85296
    Withholding Security Deposit For Repainting
    My question involves a security deposit in the State of: Arizona

    I recently moved out of a home I rented for one year under a one year lease. We moved at the termination of our lease in order to move to a better area with better schools. We gave 60 days' notice, made any necessary repairs and I spent two full days cleaning the home to immaculate condition once it was vacant (there was some overlap w/our new lease).

    We had a walk-through with an agent of the owner's property management firm and everything was great. She was really impressed by how clean and "perfect" everything was and thanked us repeatedly for leaving it in such great condition. The only noted problems were a broken electrical outlet cover in the refrigerator alcove (broken by our movers- a $2 item) and a light fixture upstairs that had mysteriously fallen out after I'd finished cleaning. It wasn't broken, per se- just sort of hanging there. I don't know how that happened...it was a $15 light fixture at best and it wasn't like that when I left the home.

    We called today to follow-up with the management company on the status of our deposit and were told that we were being charged $1600 to repaint the home! Not only did they intend to keep our entire deposit- they are asking for $300 above! Crazy! The home was in better condition than we received it in.

    This home is 6 years old and has never been painted other than the original contractor-grade paint from when it was built. This paint was so cheap that it would literally rub off into white dust on your hands if you touched the wall (yuck!). It was not repainted prior to our move-in and there wasn't anything wrong with the paint at our move-out other than some light dirtiness (nothing unusual or excessive). The home had light dirtiness to the walls when we moved in and this is noted on our move-in report.

    I am outraged that the owner is trying to repaint this home on our dime. We did not damage the walls in any way (never even hung a picture!) and I even spent hours Mr. Clean Magic-Erasering :p every surface in sight until I finally went through at least 20 magic erasers!

    Is this legal? If I take him to court, does he have any chance of winning? I have at least 20 or 30 photographs to show the condition of the home when we moved out, as well as the move-in inspection that notes the dirtiness on the walls and other small complaints.

    Thanks in advance and sorry for the novel!
  • 07-10-2008, 08:31 AM
    aaron
    Re: Withholding Security Deposit For Repainting
    Quote:

    Quoting KK85296
    View Post
    This home is 6 years old and has never been painted other than the original contractor-grade paint from when it was built. This paint was so cheap that it would literally rub off into white dust on your hands if you touched the wall (yuck!).

    That sounds more like a coat of primer than a coat of paint. (The stuff you put over the drywall before you put on a coat of actual paint.)

    Here's an article on security deposit law in Arizona. (Here's another.) The two standard arguments you make to a claim for the cost of repainting a home is that (1) any damage to the paint was "ordinary wear and tear" that you're not responsible to pay for, and (2) to the extent that it's not, the most you can be liable for is the depreciated value of the paint, not the full cost of repainting the home. (For example, if new paint costs $1,000 and the paint is expected to last ten years - a long time for a rental - using straight-line depreciation after six years the paint would only be worth $400.)

    I would urge any tenant moving out of a rental unit to take lots of pictures of the premises at move-out, to document that the unit is in good condition.
  • 07-21-2008, 09:39 AM
    KK85296
    Re: Withholding Security Deposit For Repainting
    Thank you for the information, Aaron. I am lucky that I did take a ton of pictures and unfortunately it looks like we are going to have to use them! We sent a formal rebuttal to their demands and cited the law, statutes and reasons- they replied with a demand for an extra $700 and a threat to send to a collection agency.

    I am very disappointed that we have to deal with this, however, I am certain that there isn't any way we can lose with the amount of evidence, proof and truth we have on our side.

    I appreciate your input!
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