Results 1 to 7 of 7
  1. #1
    Join Date
    Jan 2008
    Posts
    1,948

    Question What Can A Landlord Charge For Painting; Inspection Requests Ignored

    My question involves a security deposit in the State of: CA

    I moved into an apartment last May and am moving out this month at the termination on the year lease. I was told painting is allowed but that the cost to repaint would be taken from my security deposit/billed to me if the apartment was not 'restored' to the original colors when I leave.

    While living there I painted two bedrooms, the living room and dining room - I left the entry, kitchen and two bathrooms the same.

    When I gave 30 day notice (35 days ago) I asked for an initial inspection and to be given the brands/names of the paint colors. I called again on Monday to say I was still waiting for the initial inspection and paint colors. I was called back and told the paint colors - but they would 'check' with a supervisor to see when the inspection would be done. Still no call back even though I wrote I don't need to be present when they do it.

    I was under the impression that they would give me an estimate of the cost of repairs so I could determine if I should bother painting myself, hire my own painters or just let them do it...

    According to the CA dept. of consumer affair's web site:

    "Initial Inspection Before Tenant Moves Out
    A tenant may ask the landlord to inspect the rental unit before the tenancy ends to identify defects or conditions that justify deductions from the tenant's security deposit. The purpose of this "initial inspection" is to give the tenant an opportunity to repair the defects or do the cleaning identified during the inspection in order to avoid deductions from the tenant's security deposit.

    Repainting walls
    One approach for determining the amount that the landlord can deduct from the tenant's security deposit for repainting, when repainting is necessary, is based on the length of the tenant's stay in the rental unit. This approach assumes that interior paint has a two-year life. (Some landlords assume that interior paint has a life of three years or more.)

    Length of stay
    6 months to 1 year
    Deduction
    two-thirds of cost"

    SO - since they have not provided me with the inspection - lease ends on the 25th - does that mean they can not charge me anything for repainting or even cleaning??
    Or can they only charge me 66% of their cost to repaint?
    Or would it be less than 66% because I did not paint the whole unit?

    I've never rented before and I'm plain confused

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What Can A Landlord Charge For Painting; Inspection Requests Ignored

    I'm not clear here. Is the problem that you painted the unit a different color without permission, or painted it badly, and thus the repainting is being classified as a repair? Or is this routine painting, based upon the number of years since the unit was last painted?

  3. #3
    Join Date
    Jan 2008
    Posts
    1,948

    Default Re: What Can A Landlord Charge For Painting; Inspection Requests Ignored

    I had permission to paint it but did not return the walls to their original white color when I moved out. I was told when I requested my pre-inspection walk thru that they would charge to to paint the walls white again. I guess they think that new tenants want only white walls instead of pretty buttercup and hyacinth.

    I do not understand how much they are allowed to charge me since it is not really a repair as the walls are not damaged nor is it normal wear and tear.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: What Can A Landlord Charge For Painting; Inspection Requests Ignored

    In my opinion, they should be charging you the depreciated value of the repair based upon the number of years since they last painted. (Of course, that and $2.50 will get you a cup of coffee, and maybe not even that at Starbucks.)

  5. #5
    Join Date
    Jan 2008
    Posts
    1,948

    Default Re: What Can A Landlord Charge For Painting; Inspection Requests Ignored

    I guess we'll find out in about 3 weeks. Security deposit was $700 so I'm really curious to see how it will turn out.

  6. #6
    Join Date
    Jan 2008
    Posts
    1,948

    Default Re: What Can A Landlord Charge For Painting; Inspection Requests Ignored

    I got notice from the landlord today. They charge me for 7 gallons of paint and $450 in labor for painting the "full apartment". But I did not change the wall color in the whole place. I wrote back saying of the 1120 square feet only 700 was painted a different color and therefore I would agree to $300 in labor and 2 gallons of paint. How long do they have to respond to me?

  7. #7

    Default Re: What Can A Landlord Charge For Painting; Inspection Requests Ignored

    I agree with aaron that you should be charged or dinged for the depreciated value of the "old" paint or the pro-rated or residual value of the old paint that it should have had at the time the lease ended. Since it is a complete replacement, the value should be based on the old paint. If the paint is "repaired" or touched up, then you may bear the "repair" cost. But if you damaged the walls themselves (the drywall or plaster and associated molding and alike), say too many holes, or large holes, then the cost to repair those holes added to the depreciated value of the paint should be your liability.

    It works the same as if your car was damaged in an accident. Simplifying things a little, and assuming you have no fault, as the owner of the car, you are in the same position as the landlord. So when your car is damaged, you are owed the "repair" cost of the car unless it exceeds the value of the car immediately preceding the accident. Then you are owed the (depreciated or market) value of the car, not the "replacement" cost. So you owe the landlord what the paint should have been worth at the termination of the lease. If your tenancy exceeded the life of the paint, assuming the apartment was painted just before you moved in, you owe nothing. So just because you painted two rooms doesn't by itself mean you owe anything.

    Now you may owe some part of the original paint cost for the rooms you painted, and if it was necessary to repaint the rest of the apartment, you may owe some of the original cost on those rooms too. But if the life of the paint was reached, you would owe nothing.

    So you need to determine these things with the landlord.

    Also, residential leasing is highly regulated in CA, so you may want to check CA law regarding the return of your deposit and the time limits for returning your deposit and giving you notice regarding any damages. Usually a landlord is prohibited from keeping any part of the security deposit if/she fails to meet the deadline. In some states the landlord loses his damages, and in others the landlord must then sue for his damages.

    1. Sponsored Links
       

Similar Threads

  1. Security Deposits: Landlord Wants to Charge for Painting
    By jcruz781 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 03-13-2011, 12:08 PM
  2. Security Deposits: Landlord Not Honoring Inspection Sheet
    By orangenerd in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 07-11-2009, 09:36 AM
  3. Security Deposits: New Landlord Billing Me for Painting
    By wordpecker in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 05-10-2009, 10:29 AM
  4. Security Deposits: Landlord's Responsibility to Inform Tenant of Right to Inspection
    By Strike123 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 08-27-2008, 08:41 AM
  5. Repair and Maintenance: Landlord Trying To Charge $500 Over Deposit for Painting
    By misfit949 in forum Landlord-Tenant Law
    Replies: 4
    Last Post: 09-13-2007, 01:40 PM
 
 
Sponsored Links

Legal Help, Information and Resources