Can I keep security deposit for this?

[Ian N.]

Biggerpockets Friends,

I have a situation where a tenant recently vacated my property. For the most part they left the condition of the home in pretty good shape. However, in an attempt to ensure he gets his security deposit back, the tenant bought paint from Home depot when the original color was from Sherwin Williams and attempted to touch up the wall through out the whole house. This of course just left the walls with spotty unmatched paint everywhere. This a three level townhouse. My contractor stated that with so much touch up work, it's best to paint the whole house. Is this something I can hold the security deposit to use to have the house painted, or at least a portion of the deposit. I hate to not return deposits for tenants that were generally very good, however it probably would have been better if he had not done anything and left the walls as is, where I would have paid to have minor clean up and touch up done. Any advise? Please share.

[Russell Brazil]

@Ian N. did you use the lease that Montgomery County provides? If you did, I might keep $500 from the deposit for the painting. If you did not, then Id likely return the entire deposit and use the county lease the next time around.