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Can a landlord deduct from the security deposit for painting the rental property?

Can a landlord deduct from the security deposit for painting the rental property?

Q: Can a landlord charge for painting after a tenant moves out?

A landlord can charge for painting only if it is necessary due to damage beyond normal wear and tear. If the property requires painting because of normal use, the landlord cannot deduct those costs from the security deposit. In Idaho, the law protects tenants from such deductions under Idaho Code § 6-321.

Full question:

I vacated the rental property on the 31st of last month. My landlord has deducted some amount from the security deposit for re-painting the rental property. Can my landlord make deductions from the security deposit for painting the rental property?

Category: Landlord Tenant
Subcategory: Security Deposit
Date: 04/07/2025
State: Idaho

Answer:

In Idaho, the landlord is not permitted to make deductions from the security deposit to cover normal wear and tear. "Normal wear and tear" means the deterioration that happens due to the normal use of the rental property by the tenant and is not a result of negligence, carelessness, accident, or misuse or abuse of the premises by the tenant or members of his household, or their invitees or guests. The relevant statutory provision is stated below.

Idaho Code § 6-321 reads:

“The landlord shall not retain any part of a security deposit to cover normal wear and tear. "Normal wear and tear" means that deterioration which occurs based upon the use for which the rental unit is intended and without negligence, carelessness, accident, or misuse or abuse of the premises or contents by the tenant or members of his household, or their invitees or guests.”

In the giving instance, deductions made by the landlord for expenses incurred on painting the rental property may come within the meaning of normal wear and tear, so the landlord may not be permitted to make deductions from the security deposit for painting the rental property.

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

What is considered normal wear and tear in a rental property?

Normal wear and tear refers to the natural deterioration of a rental property resulting from regular use. This includes minor scuffs on walls, faded paint, or worn carpets. It does not include damage caused by negligence or misuse, such as large holes in walls or stains from pets. In Idaho, landlords cannot charge tenants for normal wear and tear when deducting from a security deposit.

Can a landlord charge for painting after a tenant moves out?

How can I dispute a security deposit deduction?

To dispute a security deposit deduction, first review the lease agreement and the itemized list of deductions provided by the landlord. If you believe the charges are unjustified, gather evidence, such as photos or repair receipts, and communicate your concerns to the landlord in writing. If the issue remains unresolved, you may consider seeking legal advice or pursuing small claims court, depending on the amount in dispute.

What should a landlord provide when deducting from a security deposit?

When deducting from a security deposit, a landlord must provide an itemized list of deductions and any supporting documentation, such as receipts for repairs or cleaning. In Idaho, this must be done within a specific timeframe after the tenant vacates the property, as outlined in Idaho Code § 6-321. This ensures transparency and allows tenants to understand the reasons for the deductions.