Legal Question in Real Estate Law in Georgia

What defines "reasonable wear and tear" in a residential lease?

I recently moved out of a house that I have been leasing for 3 1/2 years. The landlord is now telling me that painting all of the interior walls is part of the conditions for reclaiming my security deposit, because my wife and I are smokers. This was known to him at the time we signed the lease, and there is no mention of it in the lease.

My opinion is that it is part of reasonable wear and tear. Every place I have ever rented in the past, the landlord has come in behind me and repainted the entire house/apartment before re-renting it.

Who is correct here?


Asked on 2/06/00, 3:12 pm

1 Answer from Attorneys
Hugh Wood Wood & Meredith

Re: What defines

Its a pure fact dispute. There is not any way to know the correct answer to the question from the facts you have presented. And, even with more facts, it sounds like a judge's call. Under Georgia law, I am not aware of a black and white answer to your particular question. Carpet wear, perhaps, but smoke and smoking damage is much more subjective. Hugh Wood

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Answered on 2/08/00, 5:34 pm


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