Landlord prices for painting new apartment/lease agreement (Wheat Ridge: apartment complex, renter)

[kpod727]

After having a corporate company take over an apartment complex that I had previously lived at for four years (owned by a private landlord that was always fair), they raised my rent by $250 in one month (this was in the Highlands/Wheat Ridge area). The month they took over, they sent all of us a letter saying that our previous leases would be honored. Because I was on a month-to-month lease, one month later they sent me a letter saying pay $250 more or get out. Needless to say, I couldn't make up that much of a difference and have been forced out. I just got a nice bill in the mail from them now saying they need $500 for a new paint job, even after they are withholding my deposit for "other repairs". The apartment has never been renovated since the start of when I moved in. I am willing to pay the amount I owed them for the last months rent, but this seems unreasonable to ask me to pay that much for paint. I'm wondering if anyone could give me some advice about definitions of "wear and tear" when it comes to lease agreements.

[DavidBilly]

call Tom Martino
The Trouble Shooter

[eatsDEN]

did you hang things on the walls using nails or the like? If you did - did you patch and touch the holes up?
was there other damage to the walls?

$500 is not that much for a company to pay a painter for a job painting a unit, from my experience

were the other deductions from your deposit itemized?

[EcoPaintInc]

Yes, really depends on the wall and ceiling condition. Did you smoke inside the apartment? If so, would need a Kilz primer on all surfaces before painting, killing odor and stains. And 500$ would seem very reasonable. Even if you didn't, living in one spot an extended period of time, having pictures hanging in same places for years, will leave difference where pics were hanging. If that is the case, cleaning walls with mild soap would/should help, but there again, 500$ would seem fair for cleaning wall surfaces.

[step33]

Check your lease to see if they can collect any damages beyond retaining your deposit. That can get complicated and send you in to the fine print. I've seen some (heck I wrote one) that allowed for collecting damages beyond the deposit if the damage was either intentional or from "willful neglect" or some such legalese. But, again, check that lease.

[TechMike]

Originally Posted by step33

Check your lease to see if they can collect any damages beyond retaining your deposit. That can get complicated and send you in to the fine print. I've seen some (heck I wrote one) that allowed for collecting damages beyond the deposit if the damage was either intentional or from "willful neglect" or some such legalese. But, again, check that lease.

Regardless of what the lease says, the landlord is always entitled to collect for damages beyond anything retained in a damage deposit. In general, they can't collect for ordinary wear and tear, but can collect for damages or excess filth.

The question is, are they painting because of wear and tear, or because of damage/excess filth? You may need to consult a lawyer, but I would think, small nicks, scratches, or chips in the paint would be considered wear and tear. I would ask them for proof that they need to paint for anything beyond wear and tear. The burden is on them, especially since they're trying to collect beyond the damage deposit.

[step33]

I think we agree, but I'd expect it's written out in the lease just to make things easier on the landlord if they DO need to collect above the deposit amount. In this case, I just can't see the landlord getting anything above the deposit to repaint an apartment that had been leased for over 4 years to the same tenant. That's just regular maintenance to me.

It'd be different if the renter had done their own painting and it had to be returned it's pre-rental colors, or if as noted above, there were giant holes in the wall.

Frankly though I'm mostly surprised the landlord is even bothering. Unless they are just hoping to get the money because someone doesn't know any better. $500 on top of the deposit money doesn't seem like its worth the hassle.

Back to the OP. You said they kept your deposit. In doing so, pretty sure they have to list why? What does that document say?

[SkyDog77]

Do they have any documentation proving the condition of the property when you moved in? Without this they cannot collect damages.

[ayoitzrimz]

Originally Posted by SkyDog77

Do they have any documentation proving the condition of the property when you moved in? Without this they cannot collect damages.

Very true. I would also ask for a detailed itemized receipt for the work being done.

[eatsDEN]

sometimes a lease has a section stating that the premise is in satisfactory condition upon move in...
so, I'm not sure that additional documenation beyond that would be required...


that being said -- I personally employ separate condition check-lists, with sign off by both parties to the lease, with my tenant.