I moved out of a duplex that I lived in for 3 years, can the landlord charge me for painting the livingroom?

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I moved out of a duplex that I lived in for 3 years, can the landlord charge me for painting the livingroom?

My lease expired at the end of last month. I did gave notice less then 1 calendar month so the landlord is already withholding an $800 deposit. He wants to additionally charge $280 for painting the livingroom. One wall has some faded water stains from a leakage about 2 years back which they never fixed back then.

Asked on May 26, 2012 under Real Estate Law, Missouri

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A landlord cannot charge for what is known as "ordinary wear and tear". And what you have described seems to fall within this category. Consequently, you should not have to pay the $280 painting cost. You need to inform your landlord of this. However, if he disagrees he can take you to small claims court. Just remember, you appear to have a valid defense to his claim (if you have any pictures of the room in question, bring them with you as they will be of help).


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