Whether you’re in a new apartment and you want to paint the walls or you’re moving out of a unit you painted and you’re wondering how it will affect your security deposit, understanding how painting and rental property laws work can feel a little overwhelming. Checking your lease for rules around changes can give you some answers, but then coming across the words “normal wear and tear” can lead to additional questions.
So, can a landlord charge for painting after you move out? It depends. Here’s what you need to know about painting your unit, recouping your security deposit — and what “normal wear and tear” actually means.
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.”
What is ‘normal wear and tear?’
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.
Can a landlord charge for painting after you move out?
So, does painting count as normal wear and tear, and can your landlord use your security deposit or make you pay for painting? If you painted the walls of your unit during your lease, your landlord might have the right to use your security deposit to repaint the walls.
Most landlords won’t allow you to paint your unit unless you agree that you’ll return the walls to their original color (or a neutral color) before you move out. Painting, in general, is a routine task landlords need to complete, though. Landlords typically need to repaint their property every few years for basic upkeep. In normal circumstances, landlords cannot deduct the cost of buying paint or hiring a painter from your deposit.
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.
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