My landlord wants to use my deposit to repaint the flat?

Question

My landlord says that I need to pay for the flat to be repainted. The walls were magnolia, and have become a little dirty and scuffed on parts after a year and half in the property. Would this not be his responsibility? Also wants me to pay for a tiny hole that has developed on the crease of a leather sofa.

Answer 1

Define little dirty.  :).  It sounds like normal ware to me.  The walls are to look dirty after 18 months, most normal apartments are always re-painted before the next tenant.  Get pictures of the walls and hole.  Tell the Landlord you DO NOT accept the usage of your deposit to repaint as you left the apartment fine, without any extra damages, just normal ware and tear.

Answer 2

I would get advice from my local CBA on this.

Answer 3

That's life. You could always volunteer to repaint the walls yourself to reduce the sum.

Answer 4

You say they are a little scuffed and dirty.Ok being a property manager,all tenants say the same thing so im a little skeptical. I mean I walked into one apartment and the entire place that was at one time white was black from some kind of smoke even though there is no gas used on the property.And according to the tenant it was just a little dirty.You are responsible for making sure that the apartment looks as good or better as it did when you moved in. The same above person did the whole take us to court move that all tenants either try or threaten and guess what...they ended up not only paying for a repaint but also paying for court cost.Just because you are a tenant doesn't mean you are going to go to court and win. If I had a dollar for everytime a tenant threatens me with court because they either don't want to hear something or they have damaged somthing ,I would be a millionare many times over.

We don't deal with furnished apartments because people cause to much damage and then they dont' want to be responsible for it.

Answer 5

It depends on how bad the damage is. They are required to count for wear and tear on the apartment. That way renters don't get charged for the building getting old. Unless you did something to warrant a whole new paint job (such as smoking or drawing on the walls) it sounds like he is just trying to get a free ride. Contact the Housing Authority. They can tell you where to go for better information.

Answer 6

I think thats why they take a deposit I'm afraid to pay for any damage caused. I know its not fair, after all you have to live. I would try to negotiate only say £100 to pay for the painting and £200 for the sofa, but tell him you want to keep the sofa if you have to pay for it! Good luck.

Answer 7

Take him to small claims court for the entire sum. This way you'll get your money back as you can't be expected to pay for wear and tear, that you say is minor. Anyway magnolia is a very cheap emulsion and you could paint a flat in a day very easily. Failing that get a couple of quotes off of friendly decorators as I can't see it as being more than £120. By the way they all try that, not expecting to go to court.

Answer 8

Normally the state of the property is your responsibility as the tenant and you wouldn't pay for any damage until you leave.

Lets say you pay for the paint, repair the sofa and your landlord decides to sell the property. You would be stuffed right royally and on the street with no deposit.

I would suggest you seek legal advice before agreeing to anything, this sounds well dodgy.

Answer 9

No he can't do that. Your deposit should be given back to you when you leave minus any monies for wear, tear and repair. If he insists on painting the flat, fine but he pays for it. New law is that your deposit is protected until you leave. You should have signed for this and had documentation for it as well. Wash the walls if they are that bad, and was the sofa a new one or already been used by the previous tenant? Take pictures of the sofa.

Answer 10

This is not appropriate.  It is considered normal "wear and tear" and is the responsibility of the landlord.  Deposits can only be held for damages beyond normal wear and tear, such as you punching a hole in the wall.

Answer 11

Wear and tear is not scuffed walls, dirt or holes...

That is the responsibility of the tenant to repair or pay to be repaired. Wear and tear would be the paint fading or the couch cushions flattening, not holes or scoff marks, that is in no way shape or form "wear and tear", that is "damage."