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    crichard1111's Avatar
    crichard1111 Posts: 2, Reputation: 1
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    #1

    Sep 4, 2009, 06:37 PM
    Painting deduction after 4.6 years in home
    Hello:

    Has anybody had the following issue:

    I asked my landlord twice for a pre-move out inspection which I was denied. I wanted to know what items he felt I needed to fix or repair. Then he inspected the house after I left and said I left the house with many marks throughout the house. The painter said he could not spot paint, the paint might not match and would have to paint the whole house. The landlord then claimed that 50% of the painting expense was due to excessive wear and tear. I was never allowed fix anything because I did not get a pre-move out inspection.

    I also read that after 2 or 3 years landlords cannot deduct for painting no matter how many marks. There were not that many marks. No damage at all to the walls. I filled in all holes where painting hung. I think he is trying to charge me $$$ for getting his property ready for a new tenant.

    Thanks for any advice
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Sep 4, 2009, 06:50 PM
    Quote Originally Posted by crichard1111 View Post
    Has anybody had the following issue:
    Hello c:

    Sure we have. That's why we're experts.

    I agree. I think the need to repaint after that long would be considered normal wear and tear... But, that might not be an issue depending on the WAY the deposit and/or the return of it was handled.

    First off, what state do you live in? They're all different. MOST require the landlord to send the balance of the security deposit ALONG with a receipt for the items deducted, WITHIN a certain amount of time, or it doesn't matter how much damage you did, you'll get your deposit back, PLUS damages...

    So, WHEN did you move? WHEN did you get the letter from the landlord? What did it say, exactly. Did he refund ANY of your deposit? Did you CASH the check?

    excon
    crichard1111's Avatar
    crichard1111 Posts: 2, Reputation: 1
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    #3

    Sep 4, 2009, 07:40 PM

    California is the state. I received a 50% refund of deposit within the 21 day requirement. The landlord claims that he can deduct based on marks on the walls. The fact that I did not get a pre-move out inspection would mean to me that I was never given a chance to paint any walls even if they were marked or not.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Sep 4, 2009, 09:13 PM
    Quote Originally Posted by crichard1111 View Post
    California is the state. I received a 50% refund of deposit within the 21 day requirement. The landlord claims that he can deduct based on marks on the walls. The fact that I did not get a pre-move out inspection would mean to me that I was never given a chance to paint any walls even if they were marked or not.
    Hello again, c:

    I don't disagree with you. Sue your landlord in small claims court. It's quick, cheap, and easy. But, when you get to court, argue that the painting was due to normal wear and tear.

    excon

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