Landlord keeping SD to repaint entire apt, actual damage is small area...

[jac8724]

I live in Chicago, IL

Before I moved out of my apartment, I used a Mr. Clean magic eraser to clean some scuff marks off the walls. Apparently, it took the finish off the walls in a few places that I used it. Now, the landlord is getting a quote for the entire apartment to be repainted, because she states that if she just painted where the damage was, the paint wouldn't match. She also stated that the paint was 4 years old! And that the color that was used has been discontinued.

Seems like she is using every excuse to use my Security Deposit to get a fresh coat of paint on the wall. I feel as if I am only liable for painting the area of damage, and if the existing paint is faded or discontinued, that should be her problem.

Do you think I would win if I took her to small claims court, and tried to get the difference between the cost of re-painting the entire apt (what she is trying to charge me) and the cost of just repainting the sq. footage of the actual damage?

Any advice would be appreciatedWhat is the name of your state (only U.S. law)?

 

[BL]

I live in Chicago, IL

Before I moved out of my apartment, I used a Mr. Clean magic eraser to clean some scuff marks off the walls. Apparently, it took the finish off the walls in a few places that I used it. Now, the landlord is getting a quote for the entire apartment to be repainted, because she states that if she just painted where the damage was, the paint wouldn't match. She also stated that the paint was 4 years old! And that the color that was used has been discontinued.

Seems like she is using every excuse to use my Security Deposit to get a fresh coat of paint on the wall. I feel as if I am only liable for painting the area of damage, and if the existing paint is faded or discontinued, that should be her problem.

Do you think I would win if I took her to small claims court, and tried to get the difference between the cost of re-painting the entire apt (what she is trying to charge me) and the cost of just repainting the sq. footage of the actual damage?

Any advice would be appreciatedWhat is the name of your state (only U.S. law)?

You damaged the walls .

You might get it down to one room of repainting , but you're not going to get it down to localized wall areas.

Exactly how is this Apt. laid out as per rooms ,etc. ?

What color ?

BTW ,there are stores that can take an area of color and possibly match by mixing .

True Value ,Etc.

 

[FarmerJ]

I would argue that its a four year old paint job that has seen its useful life. Now know this if the walls required primer to hide any marks/ damage the magic eraser created then it would be fair to charge for priming but not just repainting. You are free to let small claims court decide the matter.

 

[Who's Liable?]

Sue in small claims. Using the entire SD to repaint the entire house for one wall is excessive. I would agree with painting the entire room so as to have all walls match, but not the entire house.

She can explain to a judge as to why she is entitled to paint the entire house.

 

[justalayman]

for some reason I remember reading on this forum that the life expectancy of paint in a rental was something like 3 years. If so, there would be no recoverable damages (unless it required more than simple repainting as Farmer stated) since the paint has already depreciated 100%.

 

[FarmerJ]

when I had rentals sometimes even after one year of occupancy washing walls didnt cut it and Id be repainting in between tenants, 2 yrs with a medium qaulity paint is pretty good , but 4 yrs is really pushing it, I figure for a paint job to last 4 + yrs NO one can ever smoke in the unit, Not one incident of burned food, NO candle burning , no incense, NOT one item of food to have ever been fried. No one ever pawing up the walls. JAC I think your former LL is pushing it too hard Your free to try to reason with that LL in certied mail ,before going to small claims court.

 

[George1776]

Lots of LLs play this game .. they win if you dont sue them in small claims or regular court; I would go the regular court route and ask for damages, interest, etc. You can do discovery in regular court & this case is pretty simple.

 

[Gail in Georgia]

As with other such cases, if you disagree with what was kept out of your security deposit, you write the landlord a "demand letter" disputing this and "demanding" what you believe is your fair share by a certain date (say, two weeks after the landlord receives the letter).

If they disagree or do not meet your demands, you consider whether it is worth your time and effort to take this one step higher and file against them in small claims.

An internet board cannot tell you how what the outcome of such a case will be.

Gail

 

[jac8724]

Thanks for all the advice. I think I will go to small claims.

Their need to paint the entire apartment stems from the fact that I used the magic eraser in the hallway and living room, the hallway having this hideous orange paint, the living room and kitchen are this taupe color, and they cant "repair" just one area or one wall or one room because those two colors cover the entire house and they want the paint to all "match." Still, ridiculous.

I really like the life expectancy of paint argument. That is great for my case.