Can a landlord charge a tenant for repainting walls after move-out?
Usually not for the whole job. Repainting between tenants is generally a landlord cost because paint wears out with ordinary living. You can charge for damage beyond that, such as holes, crayon, smoke staining or an unapproved color, and a defensible charge covers only the damaged walls, reduced for the age of the paint. Statutes in Texas and California bar charges for normal wear, so a charge for fresh paint everywhere will not hold up.
What the law lets you charge
Texas Property Code section 92.104 says a landlord may not keep any part of a deposit to cover normal wear and tear. California Civil Code section 1950.5 limits deductions to damage caused by the tenant or a guest, exclusive of ordinary wear and tear, and bars a claim for ordinary wear or its effects.
Neither page lists paint as an example, and neither sets a number of years. A tenant who lived in a unit for three years and left walls with scuffs and small nail holes has left ordinary wear in most judges' eyes. A tenant who painted a bedroom black, or left walls smoked and stained, caused damage.
Sort the walls into three groups
| What you see | Usual treatment | Why |
|---|---|---|
| Small scuffs, picture nails, faded paint | Your cost | Ordinary wear over a normal stay |
| Large holes, crayon, deep gouges, water rings the tenant caused | Tenant charge for those walls | Damage beyond use |
| Colors the lease did not allow | Tenant charge for repaint to the original color | Breach of the lease |
| Smoke film or heavy stains from the tenant | Tenant charge, reduced for paint age | See the post on smoke odor |
Prorate by the age of the paint
The same method works as for carpet. Use the date the wall was last painted, a working life you set for your own policy, and prorate the cost of the damaged walls only. Many owners use a few years for a standard interior paint job. The statutes opened for this post give no number, so choose one you can defend and use it every time.
Example a made-up apartment was painted 2 years ago and the owner's policy is a 5 year working life. The tenant left a bedroom with large marker marks. A painter charges $380 to repaint that room. The share used is 2 / 5 = 40%, so the share left is 60%, and the charge is 60% x $380 = $228. The other rooms get repainted at the owner's cost as part of the turn.
Keep a record of the date each unit was last painted and the color used, since both come up when you prorate a charge or when a tenant asks what the walls were at move-in. A tenant who repaints with your written permission, in a color you approved, is not damage. A tenant who repaints without asking may owe the cost of returning the wall to the original color, if the lease says so. Paint for a whole unit is a common turn expense even when nobody damaged anything, and the budget for it belongs in your make-ready plan. See what a turn costs per unit.
Check the age of the building before anyone sands
In housing built before 1978, work that disturbs paint can involve lead. The EPA's Renovation, Repair and Painting Program says anyone paid to do work that disturbs paint in pre-1978 housing must be certified, and that landlords and property managers must comply when work disturbs paint. Prep sanding for a repaint can count. Hire a certified firm for older buildings, and read the lead-safe post.
How DoorKeeping handles it
Save the painter's invoice and the date of the last paint job in the unit's documents so you can show the paint's age later. Your Claude or ChatGPT, connected to DoorKeeping, can read the bill and code it. Any deposit statement or refund waits for your one-tap approval.
Sources
- Texas Property Code section 92.104, retention of security deposit, read Oct 30, 2026
- California Civil Code section 1950.5, security deposits, read Oct 30, 2026
- EPA, Renovation, Repair and Painting Program, read Oct 30, 2026
Questions
- Can I charge for nail holes?
- Small nail holes from hanging pictures are usually ordinary wear. Large holes from a wall mount, a door slam or a kick are damage.
- What if the lease says the tenant must repaint before leaving?
- Such a clause may not hold if a statute bars charging for normal wear. Check your state, and see whether the rule applies even when the lease says otherwise.
- Do I have to repaint between every tenant?
- No. Repaint when the walls need it, and touch up when they do not. A fresh coat is often worth it for showing the unit.