Can a landlord charge for painting after move out if it is only normal wear?

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Can a landlord charge for painting after move out if it is only normal wear?

The apartment was noted at move in as not having been painted.

Asked on July 28, 2010 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

IF the lease had a clause stating that the landlord could charge for painting or repainting, then yes; such a term or condition would be legal and enforceable. However, in the absence of such, probably not; landlords may charge tenants for painting necessitated by the tenants (or their guests, family, friends, etc.), such as if a tenant's child drew on the walls or the tenant scratched up the paint while moving furniture. They usually may not, however, charge for  repainting that is required simply as a result of normal wear and tear. That is one of the costs that comes with the territory when one is a landlord. So if the landlord cannot point to something the tenant did requiring repainiting, then he probably cannot charge for it.


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