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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.