Return of Security Deposit

[Sharon H.]

The rental property is located in Los Angeles. My tenant moved out last week. However, they repainted my living room, dining room, first bedroom, and damaged my master bedroom. They did not have my consent when they painted my house. I hope someone can tell me whether it should be deductible from the security deposit:

Please note all rooms were painted in beige before renting out.

Living Room – Tenants painted three walls in blue, one wall next to the fireplace in dark blue

Dining Room – Tenants painted all walls in light blue

First Bedroom – Tenants painted whole room, including closet in blue

Master Bedroom – Tenants two big holes on a wall for lighting, big holes on other wall for hanging TV

I have a handyman to come have an estimate:

Living Room - $750

First Bedroom - $350

Master Bedroom - $450

Total Damage – 1,550

I did not charge them for dining room since people say the color is nice…don’t want the tenant sue me for overcharging

Do you think the deduction is reasonable based on the location is in Los Angeles, CA?

Also, the kitchen cabinet doors were very chipped. It did not have any chip before renting out. Handyman say it is basic wear and tear, but agent say it is beyond wear and tear. What do you think?

Thank you for valuable opinions!

Sharon

[Kenneth Garrett]

@Sharon H.

If your lease covers not painting without landlord permission and they did not receive permission then you may have a case.  If it requires more than 1 coat of paint you probably can charge them.  It’s a little tricky since many times when a tenant leaves you have to paint anyway.  As far as the chipping do you have before photos to prove what it looked like when they moved in?  I think a judge would rule its normal wear and tear without valid proof b and even then it’s going to be difficult to prove and win.

[Account Closed]

How long did they live there?  When was the last time you painted?  Does your lease say they can't paint without permission?

This book explains how to handle security deposits in CA:  https://store.nolo.com/products/the-california-landlords-law-book-lbrt.html

This is a pamphlet that used to be put out by the Department of consumer Affairs in CA (they quit publishing it a few years ago), that contains a section about what you can charge as far as painting, etc., based on life expectancy of things.

https://www.achhd.org/documents/California-Tenants-Guide.pdf

As to the cupboards - normal wear and tear is when something happens with normal use over time.  The cupboards don't look abused, they just look like they were used in a normal way, and they're just cheap cupboards to me.

Worst case scenario, you charge them whatever you want and wait to see if they balk.  If they do, then you can negotiate before they take you to small claims court.  In fact, in small claims court, the judge will send you out into the hall to try to negotiate anyway.  

I'd say since they didn't bother to fix the wall, they are expecting you to keep their deposit and hoping you don't charge them anything extra.

But, read the book (which has all the contracts and forms you need in CA, by the way, and it's easy to read) and the DCA handbook, and see what you think.

[Evan Polaski]

@Sharon H. changing the paint color, in my opinion is a billable charge.  I agree, you typically need to touch up paint between tenants, especially if it has been many years since last repaint, and there is case that it would have been needed anyways.  At least in Ohio, I do not need to call out that tenants are not allowed to paint the walls, but I do have a no alterations clause, which I believe paint would fall under.

While the quality of cabinets definitely matters, I have had the same cabinets in my rentals for 8-9 years now, and there is not a scratch on the faces of the cabinets.  These are from Lowe's and not their low end, off the shelf, but definitely not their high end line either.   They are white Diamond brand.

How much was the deposit, and if you keep, how much, if any, will you be out of pocket?  If you are able to not be out of pocket for the repairs, especially if the tenant will get some of their deposit back, I would just keep what you feel you are due, and mail back the rest with a detailed list of what you kept and why.  The tenant will need to determine if it is worth their time to pursue any disputed amount.  And, again with my experience in Ohio, LL-tenant cases in small claims court almost always go for the LL, with little to no deliberation or arguments heard.

[Nathan Gesner]

The tenant is responsible for returning it in the same condition as received. Get it painted, depreciate the cost based on how old the original paint was, deduct from their deposit, and charge them for anything unpaid. Simple.

[Theresa Harris]

How long did the tenant live there?  To me that is not normal wear and tear on the cabinets.  I could see that kind of damage if there were no door pulls on the doors, but there are.  As for painting, I'd charge them to return it to the original colour (though I don't mind the colours they used).

[Mike Cumbie]

I think I have the same question as most. "How long did they live there"? If it was 10 years it's pretty much wear and tear and well you have to paint anyway. Now I would charge for the holes.

If they were a short term rental of 3 months..... Wellll that changes things quite a bit.

[Sharon H.]

@mike

@Mike Cumbie @Theresa Harris @Account Closed

The tenants lived there for 2 and half years and the house was painted 2 weeks before they moved in

[Theresa Harris]

Originally posted by @Sharon H.:

@mike

@Mike Cumbie @Theresa Harris @Account Closed

The tenants lived there for 2 and half years and the house was painted 2 weeks before they moved in

 For 2.5 years that is more wear and tear than I'd expect on the kitchen.  As for the paint, given they changed the colour and it was painted 2.5 years ago, I don't think you should have to repaint it-ie charge them for a portion of the painting.

[Carl Millsap]

@Sharon H. I'd charge for the paint that's beyond fair wear and tear, and the holes in the wall. As for the cabinets I'd chalk it up to fair wear and tear. 

If your lease doesn't spell out that the tenant must get written permission to change colors I'd make the change, but I'd still charge the outgoing tenant. The cost to cover that color is beyond what's normal.

[Lamont Marable]

You're getting some good advice.  I would have done a walkthrough with my tenant and pointed out everything that needed to be addressed.  Allowing them to have input then signing a waiver after you both come to an agreement.