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Can my landlord withhold my security deposit for painting the walls?

Can my landlord withhold my security deposit for painting the walls?

Q: Is painting an apartment normal wear and tear?

Painting an apartment can be considered normal wear and tear if it reflects typical use and maintenance. However, if the paint color or condition is significantly different from the original, landlords may argue it requires restoration. Always check your lease for any specific clauses regarding painting before making changes.

Full question:

My landlord withheld $150 of my security deposit because she did not like the color I painted the living room and dining room. The walls of the apartment had to painted when I moved in they were trashed! I paid for all the paint and supplies. I don't think it's right she kept my money is she allowed to keep my money since it was not damage to the property?

Category: Landlord Tenant
Subcategory: Repairs
Date: 04/07/2025
State: New Hampshire

Answer:

In New Hampshire, landlords can only withhold security deposits for damages beyond normal wear and tear. If you painted the walls and they were in poor condition when you moved in, this may not be considered damage. According to New Hampshire law (RSA 540-A:7), landlords must return security deposits within thirty days after the tenancy ends, unless there are valid claims for damages. They must provide a written, itemized list of any damages, detailing the repairs needed and evidence of costs incurred.

Since you painted the walls and covered the costs yourself, your landlord may not have a valid reason to withhold your deposit based solely on the color. If you believe the withholding was unjustified, you may want to seek legal advice or consider small claims court for recovery of your deposit.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Are dirty walls considered wear and tear?

In general, dirty walls are considered normal wear and tear, especially if they have not been cleaned or maintained during the tenancy. Landlords typically cannot charge tenants for cleaning or repainting due to normal use. However, excessive damage or neglect beyond normal usage may not fall under this category. It's important to document the condition of the walls when moving in and out to avoid disputes.

Can a landlord charge for dirty walls?

Landlords cannot charge tenants for normal wear and tear, which includes dirty walls from everyday living. However, if the walls are excessively dirty or damaged beyond reasonable use, a landlord may have grounds to charge for cleaning or repairs. It's essential to review the lease agreement and document the condition of the property at move-in and move-out.

What is the maximum a landlord can charge for cleaning?

There is no specific maximum amount a landlord can charge for cleaning, but any charges must be reasonable and reflect the actual cost of cleaning. In New Hampshire, landlords must provide an itemized list of charges if they withhold part of a security deposit, including cleaning costs. Charges should be justified and not exceed what is necessary to return the property to its original condition.

Will I get my deposit back if I paint?

If you painted the walls and did not cause any damage, you should generally receive your full security deposit back. However, if the landlord considers the color change a modification that requires restoration, they may withhold part of your deposit. It's best to check your lease and communicate with your landlord about any painting done during your tenancy.

Is painting an apartment normal wear and tear?

Is a tenant responsible for painting when they move out?

Typically, tenants are not responsible for repainting unless it was specified in the lease agreement. If the walls are in good condition and show normal wear and tear, the landlord should not charge for repainting. However, if the tenant made significant changes or caused damage, they may be required to restore the walls to their original condition.