Does My Apartment Manager Have the Right to Keep Part of My Deposit for Painting?
Renters usually have to provide a landlord with a security deposit prior to renting. The landlord keeps the deposit until you move out, and then returns it to you if the property is in the same condition it was when you moved in. After you move out, the landlord may paint the rental unit. In some cases, the landlord has a right to charge you for this and take money out of your deposit.
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Regulations and Deposit Use
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Although laws about security deposits vary by jurisdiction, in most cases, regulations stipulate that a landlord only can use your deposit to cover costs not associated with normal wear and tear. In other words, the deposit is supposed to cover damages, and some landlords even refer to a security deposit as a damage deposit for this reason. Normal wear and tear associated with paint in an apartment or other rental property would be chipping from age or fading from sunlight.
Damages
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A landlord may charge you to paint in some circumstances. For example, he may take money out of your deposit if you purposely damaged the existing paint job, or if you painted without authorization and he had to remove what you did.
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Normal Operations
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Under normal operations, a landlord usually has maintenance workers paint a rental unit any time a tenant moves out. This way, she covers any marks on the wall, chips or fading and the property looks more appealing to prospective renters. She is willing to do this because the cost of paint is so low compared to the potential revenue from renting the unit. She typically considers the cost of painting to be a business expense and doesn't take it out of a security deposit.
The Bottom Line
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A landlord may take money from your deposit to paint, but only if you've done something to make the existing paint job unserviceable. Even if he does want to take money from your deposit, he generally has to prove you did the damage. For this reason, most landlords use move-in and move-out checklists and regular inspections between rentals to track the condition of the rental unit. They often have you sign this documentation. Some landlords also take pictures of the property. For most people, the cost of the paint charge isn't worth fighting legally, even if the landlord can't prove the paint was damaged.
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References
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