Legal Question in Real Estate Law in California

Paining and security deposits

Can our property manager charge us for painting the apartment we are leaving? I thought it was California law that it had to be painted between renters. They said that they are going to take the painter fee out of our security deposit, even if there is no excessive damage.


Asked on 3/30/02, 4:12 pm

3 Answers from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Paining and security deposits

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Security Deposits can be used by the landlord for unpaid rent and to repair damages beyond normal wear and tear. If you do not receive a full refund or a partial refund and itemization of why part of the Security Deposit was withheld, you can file in Small Claims Court to recover the amount that was improperly withheld.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

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Answered on 5/28/02, 1:49 pm
Judith Deming Deming & Associates

Re: Paining and security deposits

The law does not require landlords to paint between tenants. Yes, they can charge you for painting and take it out of your security deposit.

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Answered on 3/30/02, 4:28 pm
Victor Hobbs Victor E. Hobbs

Re: Paining and security deposits

If the repainting is because of damage you did. Then you get to pay for it out of your security deposit. However, if they are painting due to normal wear and tear. Then they include that in the cost of doing business. You'll probably have to sue in Small Claims Court to get your money(security deposit) back. So take a lot of pictures.

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Answered on 3/30/02, 8:49 pm


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