Legal Question in Real Estate Law in New York
who pays for painting?
Who pays for painting when a tenant moves out? I have a rental house. It was freshly painted before my tenant moved in. The place was like a diamond, no flaws, as new as new could be. The tenant moved out after 2 yrs there, left the place in a worn look. Scuff marks on the walls, kids hand prints, a little food on the wall in the kitchen and pinholes on every wall, no excessive or massive holes. The question comes down is, who pays for the repainting of the place to bring it back to the original condition it was? Part 2) I was told if the tenant stayed 3 yr in the place the landlord is responsible for the repainting of the place, if living there or not, is that true? This question is on a non-smoking unit.
2 Answers from Attorneys
Re: who pays for painting?
If the damage is unreasonable, the landlord can deduct the costs of repair from the tenant's security deposit, if any. If none, the landlord can repair the damage and sue the tenant in small claims court for the expense.
Re: who pays for painting?
The damage that you've described is generally considered "ordinary wear and tear" and therefore, non-compensable. Your time and money would be better spent re-painting and filling the holes than trying to force the tenants to pay for the damage (which sounds minor). Be advised that if you unjustly keep the security deposit, you could be liable for THREE TIMES the security deposit. For follow-up, contact 212-208-2470.
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