Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My landlord charged me $450.00 for touch up paint for a property…

My landlord charged me $450.00...
My landlord charged me $450.00 for touch up paint for a property I rented for 6 months in California. Is that legal?
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 5 minutes by:
2/29/2012
JBaxLaw
JBaxLaw, Attorney
Category: Landlord-Tenant
Satisfied Customers: 11,396
Experience: Experience representing both landlords and tenants.
Verified

AttorneyJohnJ : Hello, Please click the ACCEPT button, even if you have placed a deposit or are on a subscription plan.
AttorneyJohnJ : The question is first whether you caused damage beyond normal wear and tear.
AttorneyJohnJ : If there was damage to the paint, then the landlord can recover there costs.
AttorneyJohnJ : You can ask for receipts to prove the repairs costs this amount.
Customer:

We did not cause any damage beyond wear and tear. Since we knew we were only going to live there a short time- we did not even hand one picture on the walls.

AttorneyJohnJ : If there was no damage, the landlord cannot charge for touch-up paint.
AttorneyJohnJ : In that scenario, you can file a civil suit to recover the deposit. The landlord would need to substantiate these charges.
AttorneyJohnJ : Sometimes filing a claim will result in settlement as the landlord will want to avoid costs and time of going to court.
Customer:

To take him to court, I would be out my daily income since I do not get vacation or sick time, and I would be out the cost to file is small claims. Is that something I can go after since the landlord said he will only give $150.00 back of the $450.00 we were charged?

AttorneyJohnJ : No. You cannot recover those costs unfortunately.
AttorneyJohnJ : One second please.
Customer:

Okay thank you.

AttorneyJohnJ : Did the landlord provide you receipts?
AttorneyJohnJ : and an itemized statement of repairs?
Customer:

Yes, It just says: Touch up Paint- $500.00 charge prorated to $450.00

AttorneyJohnJ : If you can prove the landlord acted in bad faith you may recover up to twice the amount of the security deposit.
AttorneyJohnJ : That could be a tough standard to meet.
AttorneyJohnJ : You are entitled to receipts.
AttorneyJohnJ : How long after moving did the landlord provide the statement?
AttorneyJohnJ : Are you still with me?
Customer:

We moved out on Nov. 20th. Were given our keys back two weeks later to do some cleaning (did the cleaning asked and retunred the keys to the rental agency, and I was provide an itemized disposition of security deposite dated the 9th of Jan.

AttorneyJohnJ : The law requires a full refund or an itemized statement of deductions in 21 days or less of moving out. That would start the day you actually surrendered possession of the rental.
AttorneyJohnJ : A landlord cannot retain the security deposit if they fail to meet that requirement.
AttorneyJohnJ : The law is Cal. Civil Code Section 1950.5(g)
AttorneyJohnJ : Here it is:
AttorneyJohnJ : http://law.onecle.com/california/civil/1950.5.html
AttorneyJohnJ : Be sure to scroll down to subsection "g" which contains the 21 day requirement.
AttorneyJohnJ : You will need to count out the days exactly between when you vacated and the itemized statement was provided.
Customer:

We did our walk through with the rental agency and they said everything was good. Then my husband called asking for the a copy of the check list that he had done with the rental agency. They then told us that the landlord still has to do his walk through. He did not get out to the property until two weeks later and told us we had to come and clean some additional things. We did so and still got charge $450.00 for touch up paint. Also, we paid rent for the month we were not there becauase we did not want to break the lease.

AttorneyJohnJ : I see.
AttorneyJohnJ : You can certainly consider small claims court due to the excessive charges.
AttorneyJohnJ : You just have to weigh the cost versus benefit.
AttorneyJohnJ : I hope you will be so kind to leave me a positive feedback rating.
AttorneyJohnJ : You can do so after the answer is accepted.
JBaxLaw
JBaxLaw, Attorney
Category: Landlord-Tenant
Satisfied Customers: 11,396
Experience: Experience representing both landlords and tenants.
Verified
JBaxLaw and 87 other Landlord-Tenant Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask JBaxLaw Your Own Question
JBaxLaw
JBaxLaw
JBaxLaw, Attorney
Category: Landlord-Tenant
Satisfied Customers: 11,396
11,396 Satisfied Customers
Experience: Experience representing both landlords and tenants.

JBaxLaw is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

4,430 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,264 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,295 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
I had a lease that expired 2 years ago and I have not to
I had a lease that expired 2 years ago and I have not to vacate the property from 5/9 to 5/30.. The property management company prorated the rent from 5/30 to 6/9 the only problem is they took possess… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
My duplex has just been sold and I have lived there for 8
Please, My duplex has just been sold and I have lived there for 8 years. I am currenly on a month to month rental agreement. The new owners have notified me of a 450.00 rent increase and a pet deposit… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Is it legal to withhold rent if owner wont fix leaking roof?
Is it legal to withhold rent if owner won't fix leaking roof? The property is in the state of Missouri. There is no lease. Just rent from month to month. My roof has been leaking for 3 to 6 months. Th… read more
Ely
Ely
Counselor at Law
Juris Doctor
1,295 satisfied customers
Thank you response to my other questions about whether
Thank you for your response to my other questions about whether deductions from my security deposit for painting were allowed. I just wanted to clarify what you had said about pro-rata and painting. T… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I live in Los Angeles, California and over 60 days ago I
Hello - I live in Los Angeles, California and over 60 days ago I vacated an apartment and have not yet had my security deposit returned. I cleaned the apartment impeccably and left it in the same cond… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Can landlord charge grass and trees during roseville
can landlord charge for dead grass and trees during roseville california watering restrictions?… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
My landlord held my entire security deposit -$100 property
My landlord held my entire security deposit -$100 for a property I turned over to them in perfect condition. A few questions, I was there for 12 months. She is charging me to repaint the entire house … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
Does the landlord have a right to keep the security deposit
Does the landlord have a right to keep the security deposit if I am breaking the lease early? He's already charging me rent for remaining months and the cleaning and repainting fee separately.… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
my tenant in asheville NC is threatening to sue me because
my tenant in asheville NC is threatening to sue me because I withheld the 2000.00 security deposit from them. When they moved in, the previous tenant did not clean to the standard of the new tenant's … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,465 satisfied customers
Hi, I've rented a house that hasn't had the carpet replaced
Hi, I've rented a house that hasn't had the carpet replaced in 27 years. Nor have the rooms been painted in 19 years. My landlord suggests that when he handles these upgrades it's cause to raise the r… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
My client leased a harbor condo which was in good condition
My client leased a harbor condo which was in good condition but not perfect. The half bath toilet seat was stained and the place was by no means "like new". It had been nicely upgraded in recent years… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
My wife & I rented a home from 5/1/2012- 8/31/2013. Monthly
My wife & I rented a home from 5/1/2012- 8/31/2013. Monthly rental fee is $1300. Advance rent $1300, sec. dep. $1300 to owner & $1300, first mo. rent to realtor who is representing owner. Received not… read more
LawTalk
LawTalk
Attorney
Juris Doctor
1,055 satisfied customers
hi, were being summoned to court by a former landlord in montgomery
hi, we're being summoned to court by a former landlord in montgomery county md. we had problems with the landlord and we used our deposit for last month's rent. He's now suing us for the final month a… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
Virginia - Our landlords would not allow us a move-out inspection,
Virginia - Our landlords would not allow us a move-out inspection, ignored repeated requests for them to come to the property to tell us of any items they wanted us to rectify or repair prior to our v… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
florida condo owner...tenant moving out from month to month
florida condo owner...tenant moving out from month to month extension of original annual lease. he overpayed 1 month, so i owe him sec deposit and 1 month total 2 mths... move out was clean except for… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
I feel like our past landlords are getting extra painting for
I feel like our past landlords are getting extra painting for the required repairs on the house we just vacated. They used the $2300 deposit for painting alone and now want $1900 for 900 sq ft of carp… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
I have lived in my apartment for thirteen years and it needs
I have lived in my apartment for thirteen years and it needs painting after how many years is the landlord required to paint and replace the carpet… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I just asked a question without being logged into my account
I just asked a question without being logged into my account about a lease in indiana. Do you still have that information?… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x