Am I responsible for the cost of re-painting an apartment that I lived in for 4 years?

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This is completely normal wear and tear. No damage, stains etc. landlord is threatening collection if I don't pay. Invoice states, cost of supplies, hourly rate etc.

Attorney Answer

1
Gregory Abbott ·
The issue will be why is it in need of repainting? If it simply is because it is old and has not been painted in a long time, then no, you should not be on the hook. If, however, it needs to be repainted because you somehow damaged the paint or walls, then you likely are on the hook. But you should only be on the hook for the depreciated cost of repainting. Everything has a lifespan. Rental units need to be repainted periodically just from ordinary wear and tear and use. We can argue over what the lifespan for painting is, but for the sake of illustration (and only for illustration), say it needs to be repainted every 10 years, absent damage before then. If you have damaged it and are liable for the repainting, the issue becomes how long has it been since it was last painted? If, when you move out and become liable for the painting damage, it has been 8 years since it was last painted, then the landlord got 8 years of his 10 year lifespan out of it, or he got 80% usage. Thus at most you should be liable for paying for the other 20% that the landlord "lost", or you pay 20% of the otherwise repainting costs - NOT 100% which is what many landlords try to charge. Unfortunately there is no agreed upon table that tells you what the lifespan of paint or carpet or window treatments, etc. is. In the end, the lifespan that you use to determine the tenant's cost is whatever you and the landlord agree it is or what a Judge or Jury say it is. Both you and the landlord have strong reasons to reach an agreement however since if it goes to court, the loser pays the winner's attorney's fees, and that can be far more than any reasonable amount being argued over. The landlord still would have to prove you caused damage though before he can begin to try to hold you accountable for the costs. He can, of course, send you to collections if you refuse to pay, and they will ding your credit record. But that is about all they can do except harass you to pay unless they (or the landlord himself) decide to actually sue you for the money. If they do that, then is when your chance to argue the whole matter arises. If this all becomes difficult, you may wish to consult a landlord-tenant attorney. A letter from an attorney "explaining" things to the landlord might help resolve the issue quickly - or it might make it clear that an easy resolution short of court simply is not going to happen. Not the desired choice but still worthwhile knowing. Good luck.
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