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Can a landlord deduct painting costs from my security deposit?

Can a landlord deduct painting costs from my security deposit?

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, landlords cannot deduct from the security deposit for normal wear and tear. Normal wear and tear refers to the natural deterioration that occurs from regular use of the rental property, not due to negligence or misuse by the tenant or their guests.

According to Idaho Code § 6-321, landlords are prohibited from retaining any part of a security deposit for normal wear and tear. This means that if the painting costs are related to normal wear and tear, the landlord cannot deduct those expenses from your security deposit.

In your case, if the deductions for painting fall under normal wear and tear, the landlord may not be allowed to take those amounts from 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

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.