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    chewytao's Avatar
    chewytao Posts: 3, Reputation: 1
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    #1

    Mar 3, 2012, 05:56 PM
    Security deposit held for painting
    I recently moved out of my Florida apartment after having lived there for 7years. I received a certified letter from my leasing office with a list of itemized deductions that they were withholding from my deposit. $75 nails and screws $450 full repainting $50 minor clean up. I sent them back a letter certified mail letting them know I was objecting to the deductions. I then contacted a lawyer who then also sent them a letter stating that I lived there in excess of 2years so that the cost of painting and the minor clean up was there responsibility. They are now claiming that because of the nails and screws a full painting was required so the responsibility of paying for the painting is mine. I lived there for 7YEARS so my question is can they do this or does this fall under "normal wear and tear"? I have pictures from when I moved out but they are not close ups of the wall. There were some nail wholes but nothing large.
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    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Mar 3, 2012, 06:04 PM
    They are charging you to buy nails and screws OR to repair nail and screw holes?

    I do not see how "minor cleanup," whatever that entails, is their expense. Did you leave it broom clean?

    Painting after 7 years if NOT unreasonable - and NOT your expense (unless they are covering a paint you used without their consent).
    chewytao's Avatar
    chewytao Posts: 3, Reputation: 1
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    #3

    Mar 3, 2012, 11:44 PM
    Thank you for responding I am very appreciative of any advice. The initial itemized deduction letter they
    Sent me just said $75 for nails and screws.I believed and now know, that they are referring to repairing nails from paintings that I hung. But the paintings I hung did not leave larges holes. My lawyer let them know that after occupying the residence for an excess of 2years painting was their cost. They then replied that the full painting HAD to be done because of the nails and screws they had to repair. I lived there for 7 YEARS! I believe to acquire a new tenant, after me having lived there, they would have had to repaint regardless. Plus, as I mentioned, there were a few small nail holes but nothing major. There were eggshell white walls when I moved in, eggshell white walls while I was living there and eggshell white walls with a little 7 year normal wear and tear walls when I moved out. I NEVER painted the walls a different color.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Mar 4, 2012, 07:16 AM
    In my opinion, it is reasonable to put small finishing nails or nails with picture hangers in drywall wiithout incurring a charge against a deposit for re-painting. If it is desired to remove such nails, touching up the wall (a wipe at the spot with joint compound and a small brush-stroke, especially if it's painted Eggshell) should be sufficient. You should have done that when you moved out.

    But what about screws? Did you hang stuff with screws as well?
    chewytao's Avatar
    chewytao Posts: 3, Reputation: 1
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    #5

    Mar 4, 2012, 09:08 AM
    AK LAWYER thank your for responding. No I did not put any screws. I think there were 2 hook screws in when I moved in but I never reported it. Never the less, I have agreed to pay the $75 for nails and screws. I just really don't believe I should have to pay $450 for a full repainting, on a STUDIO apartment. I don't really know what normal wear and tear actually entails. But I believe paint has a life of 2-3 years, more if they used REALLY good paint. It was a little run down studio on south beach THEY DID NOT USE REALLY GOOD PAINT.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Mar 4, 2012, 09:19 AM
    You have a reasonable case, but if the landlord is insisting you will have to go to court to recover the amounts withheld from the deposit.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Mar 4, 2012, 11:25 AM
    Was there a lease? Did it address nails/screws in the walls? My leases do/did.
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