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.
3 Answers from Attorneys
Re: Paining and security deposits
Dear Inquirer:
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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.
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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.
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.