Can we be charged for painting the walls, light bulbs, and recleaning after move out?

Real Estate 2 views 2 answers
We received military orders after 1 yr and 8 mths. We had a military clause and gave the property management company 3 months notice. We were threaten with paying the remainder of the rent for four months, then when that didn't work they said we wouldn't get our deposit because we were breaking the lease. After much arguing, they agreed to give use our deposit minus any repairs. We had the house cleaned professionally, carpets cleaned, etc. I replaced all blown bubs with energy efficient ones. She told me the new tents probably wouldn't like that and they charged us $25. We wiped the walls down but was charged 200 for painting. I thought that was normal wear and tear, no damage and we took the nails out. They recleaned the kitchen and bathroom and chrg 50.

Attorney Answers

2
Rixon Rafter ·
Sounds like a shady property management outfit attempting to squeeze military members b/c they think you’re leaving the state/area. Broom clean is the standard in most states. The charges you listed ( replace energy efficient bulbs (expensive) with cheap incandescent bulbs, painting, and bathroom/kitchen charges sound excessive in the amounts and without justification--in short the property management company is ripping you off. If you haven't paid--don't give them a dime. If you have paid--I wouldn't give them dime more. You didn't mention what the 'repairs' were--but depending on them, I'd consider a small claims suit to recover the entirety of your security deposit AND the nickel-dime charges they threw into the mix.
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Tyler Aaron HickleProbate AttorneyAustin, TX ·
It sounds to me like they are charging you for normal wear and tear. A tenant is allowed to do normal wear and tear to a rental property. Normal wear and tear is defined in the Texas Property Code Section 92.001(4) as, "Deterioration that results from the intended use the a dwelling including breakage or malfunction due to age or deteriorated condition." The landlord cannot retain ANY portion of the security deposit to cover normal wear and tear, so says the Property Code in section 92.104(b). That right cannot be waived, so it doesn't matter what your lease says in that regard. If you sue the landlord, and you can, the landlord has to prove that the deductions were reasonable. That's TPC section 92.109(c). If you can prove bad faith, you can recover 3 times the amount wrongfully withheld, plus $100, and attorney's fees. Good luck.
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