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Q.How much can my landlord deduct for painting the rental unit?
A.That depends on how long the tenant lived in the rental unit and the condition the rental was in when the tenant moved in (e.g. was the rental freshly painted, was the paint only touched up, or was it not painted at all—and can you prove it) and out. Normal wear and tear to the walls is technically not a legitimate expense that can be deducted from a tenant's security deposit. However, some courts apply the following standard:
| Length of Stay |
Deduction |
| 6 months to 1 year |
2/3 the cost of repainting |
| 1 to 2 years |
1/3 the cost of repainting |
| 2+ years |
No deduction permitted |
Thus, if the unit had been freshly painted before move-in and the tenant lived in the rental unit for 18 months, the tenant could be charged 1/3 the cost actually paid by the landlord to repaint. On the other hand, if the tenant lived in the rental for two years, no deduction can be made to the tenant's security deposit for painting regardless of how dirty they got.
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