• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Painting and Normal Wear and Tear

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

clintonkatie

Junior Member
What is the name of your state? Kansas

We have lived in our apartment for 6 years and are planning to live here one more year before we buy a house. The tenants before us lived in the apartment for 5 years. Our apartment was not repainted before we moved in. The previous tenants were supposed to be out a few days earlier than they were and we showed up as they (the previous tenants) were doing a "final cleaning". All of the walls were very dingy looking. I repainted the apartment in a neutral color. I understand that this was a lease violation and am fully willing to repaint again before we leave however I was wondering if it would be reasonable to ask my landlord to supply the paint. Since if we would not have painted the apartment would have gone 12 years without paint I believe (from what I have found online) that the paint would be considered normal wear and tear. I am not going to be nit picky about this when it comes to the end of my lease, but I wonder if it is worth pursuing. Basically a trade of labor for paint.

Thanks for your opinions.
 


Hot Topic

Senior Member
Landlords are under no obligation to repaint the apartment between tenants.

Are you a professional house painter? What could happen is that the landlord will have one repaint the apartment and deduct the cost from your security deposit when you move. When you violate your lease, repercussions are likely to follow.
 

MIRAKALES

Senior Member
The apartment should have been delivered by the LL clean and without damage or need of repair. The apartment should have been painted prior to move-in for convenience of both LL and tenant. Tenant was under no obligation to paint the apartment at their own expense, unless it was a condition agreed to within the lease agreement. Painting is only considered a lease violation if the lease clearly states such. Tenant is under no obligation to repaint the apartment at their own expense at move-out, unless it is a condition agreed to within the lease agreement. Faded paint is considered normal wear and tear. Dirty walls are not and need to be cleaned prior to move-out.
Read the lease agreement for clarity and details. Request Move-Out Instructions from the LL prior to vacating the premises.
 

Hot Topic

Senior Member
The tenant phrased her statement in a way that indicated that she knew she violated the lease by repainting the walls, which she described as being "dingy." The word could mean they were dirty. It could also mean the color had deteriorated.

My understanding has always been that a tenant is not to make alterations to an apartment without the landlord's written permission, which means that you don't decide a bedroom would look better if it was painted black while the rest of the walls stay off white.
 

LindaP777

Senior Member
I understand that this was a lease violation and am fully willing to repaint again before we leave however I was wondering if it would be reasonable to ask my landlord to supply the paint.
Again, The LL is under no obligation to allow this, but if you did a great job at painting the first time, they might allow it and supply the pain. You won't know until you ask.
 

Alaska landlord

Senior Member
Save yourself the pain of painting and ask for a pre-moveout inspection he may not have a problem with the paint-job. Ask for a list of things that need repair prior to final inspection.
 

clintonkatie

Junior Member
Thanks for your input.

AL: Do you have a recommendation for actually getting my LL to do a pre-move out inspection? We really can't get them to do anything around here. My neighbor asked by letter and phone multiple times for a move out inspection appointment and never got a response. Then as they were moving out the maintenance man showed up to do a "final inspection" before they were done cleaning. He said everything was fine and then they got a bill from the LL. I would LOVE to have a pre-move out inspection and make sure that I get my deposit back, but I don't know how to get them to comply. I will be taking a million pictures of how clean our apartment will be when we move out, but I don't even know if I can expect a final inspection even though LL are required to do one in KS.

Thanks again
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top