Landlord or tenant responsibility?

Question

Hello! I leased out of my house in Georgia through a Property Manager for 1 year. Now that tenants have moved out I am told by PM that tenants kid scribbled on multiple walls and walls need to be repainted. On top of that, it appears tenants had the fireplace going without opening the flume so there’s “smoke damage” on walls, trim, and ceiling. PM tells me we can’t charge the full amount of repainting & that we can only charge for prep work, because anything that can be covered with 1 coat of paint is the landlord’s responsibility. This does not seem right to me as I do not consider scribbles on walls & smoke damage ordinary wear & tear. Anyone have experience with this? PM quoted me a section of the law that seems ambiguous to me. Any RE lawyers out there that can shed some light as to how to handle this situation?

Thanks in advance!

Adam Martin · Answer

I second the Mr. Clean eraser, that thing is magic and can get all kinds of stuff off of anything but I haven't tried crayon.  I would think you should be able to take the painting out of the deposit at least for some of it, there is nothing wear and tear about crayon or soot.  If not the same company is going to be cleaning and painting most likely, this may just be a case of billing since at the end of the day they will care about what they make, not necessarily the breakdown.  You may be able to find a painter who will bill extra for the cleaning and lower the cost for the painting just so you have the receipt.  If I were betting on it though it is just that the PM doesn't want to deal with it, it is not them paying for the painting but is them that have to deal with the angry renter who didn't get their deposit back.  I admit I could be wrong here but it sounds like your PM needs to develop a spine and do their job.

Rossi Rose · Answer

This would be considerate damages, it is NOT normal wear and tear, the repair is to be taken from the Sec Deposit.

Change your PM.

https://www.apartments.com/ren...

Nathan Gesner · Answer

Different states have different laws. What you've written doesn't make sense but your property manager may know something we don't. Generally, drawing on the walls and smoke damage would be beyond "ordinary wear-and-tear" and the tenant would be responsible for the full cost. I would ask your property manager to show you the state law preventing you from charging the full amount and see if they can back it up or if their just blowing smoke.

NA Jones · Answer

Can also depend on local courts and Judges. And the PM would know this.

I have some that I can get by with charging for painting if just 1 or 2 years

But most Judges in my areas consider painting between tenants normal even for  year and a normal expense for the landlord.

But with same color it would be normal to cover in one coat. So they will allow a little for cases like yours. But hard to charge much for one extra coat of spot painting with BIN Shellac primer or the spray can. Which will cover in one coat.

The fireplace would also be a problem. We never allow tenants to use them. Lease states for looks only. Then you are covered. Otherwise unless tenant admits to not opening the damper you have a problem. It is still considered normal for fireplaces to but out some soot. Like on a windy day. And then again Judge will say you have to paint anyway since a normal part of LL maintenance.

Not saying I agree with all this myself. But also learned the lease and the law is what your Judge said it is.

James Mcsweeney · Answer

Hey tough situation and the PM should be responsible but the cost to fight them is not worth the time and effort.

Theresa Harris · Answer

Check your laws, it seems odd.  I'm betting your PM just doesn't want to pursue it, but that is what the deposit is for.  If the tenants damaged something, their deposit pays for it.  Now if it was a 4 year old carpet and the carpet life span is 10 years, you can only charge a fraction of the actual cost (60^).  A lot of times, Mr Clean eraser

Tom Degroodt · Answer

It all comes down to what is in the lease.  We spend time explaining what is considered wear and tear during lease signing, so there are no surprises at the end of the lease.  We inspect the property during the lease to try to insure the home is functioning as it should, but also to make sure the tenant is taking care of the owners asset.  We also make sure to do a courtesy walk thru 60-45 days before the end of the lease to make sure everyone understands the expectation at the end of the lease.  As a property manager you have 2 responsibilities.  #1 is make sure the home is as rent ready when the tenant leaves as it was when they moved in.  #2 is make sure the tenant gets their full deposit back.  If you can accomplish #1, then #2 is easy.

Willard Blair · Answer

In my experience of crayon marked walls, "Magic Eraser" by Mr. Clean works the best. Crayons are made of wax so paint will not absorb into it. Hopefully that is part of the "prep work" plan. Magic Eraser also works on smoke. It is hard to say without actually seeing the walls, but I would want the PM to have the walls cleaned really good before considering painting. Which BTW, should be the prep prior to painting anyways. The cleaning bill should be paid for by the security deposit.

Dennis Wayne · Answer

Geez lady just throw a coat of paint in it stop worrying about silly things and move on , yes in a perfect works the tenant would pay for a lot more than they do ..but sometimes you need to just chalk it up to speed bump and move ahead

Karl B. · Answer

Unless your wall paint is very dark, you're likely going to have to prime over the scribble and then paint a coat or two over the damage. As others mentioned read the lease to discover whether the PM is correct or if they're simply a jabroni.

Landlord or tenant responsibility?

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