Tenant's kid painted walls

[Ryan Coburn]

I had a tenant who lived in a house for 6 years (i've owned it for 2) and painted a few walls in to almost black.  His 5 yr old daughter "painted" doors and a few walls in her bedroom and the master bedroom a splotchy red.  Other than those areas, the paint looked good enough to not be painted for a new tenant.  What's the call on withholding a portion of the repainting expense from the deposit?

Thank you!

[John Thedford]

I would check with an attorney in your state. "Wear and tear" might not be applicable..but then again maybe so. If you had reasonable "wear and tear" where the original paint was worn, etc you probably would not have any reasonable claim to any of the security deposit. Intentional painting....I don't know.  I am going to watch this thread to see what the general concensus is. I don't allow painting in my units...but anything can happen!

[Jon Holdman]

Charge them your actual costs to repaint.  Either what a painter charges you or for the paint if you do it yourself.  Most jurisdictions don't allow a landlord to charge for their own time.  If you want to do that, verify with an attorney in your area that you're allowed to.  Many areas allow for double or triple damages if a landlord improperly withholds security deposits. 

I'm with John on wear and tear.  I don't think a judge would allow any deduction for repainting after six years.  Around here, you can't get away with charging for carpet damage if the carpet is older than three years, for example.  But you may be able to since they intentionally repainted.

[Jerry W.]

Since the tenant was there for 6 years and you have only owned for 2 years there are additional problems.  Did the prior landlord authorize it?  If so was it done before you bought the property?  Does the lease have a no painting clause?  All of those questions may affect the outcome.

[Luka Milicevic]

I have a section in my lease specifically stating tenants are not allowed to make any alterations to the property with my written consent. Do you have something along those lines in your lease, and if so, was the painting done before you purchased the property or after?

I read previously from a landlord on BP that he does not allow his tenants to paint any walls because they might start thinking they have an ownership in the property. (Interesting analogy)

If the doors are painted, then I think that would constitute actual damage. Read through your lease and also check your state specific laws.

[Elizabeth Colegrove]

Nothing other thoughts, ie not legal advice ;)

What does your lease say? - mine talks about improvements, how permission is required and consequence of no permission grants

Did the previous landlord give permission?

What does your law say regarding paint? California specifically highlights this topic.

Good luck ;)

[James Wise]

If they painted it without permission while you were the owner deduct the cost from the deposit. If it was painted while the previous landlord was the owner it's tough to make that case. Who is to say the tenant painted it and not the landlord, or that the landlord did not allow it. 

Do you have a copy of the previous lease agreement? Maybe give that a look though.

At the end of the day we are talking pennies. I would not put to much thought and effort into this. Tenant has been there 6 years. Probably a good idea to repaint the whole house anyway.

[Ryan Coburn]

Thank you all for your input.  I did review the initial lease which indicates that there is to be no painting unless the landlord authorizes it.  I have nothing indicating that it was authorized.  I have also reached out to an attorney to double check what options I have here in Colorado.  

Ryan