Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Living in Texas... Had renters move out. Question is they…

Customer Question
Living in Texas... Had renters...
Living in Texas... Had renters move out. Question is they touched up a wall with the wrong color paint. Not a small area. Almost the middle 1/3 of the wall. Now this particular room was a fireplace room that led into a kitchen. All with the same color. I had 1 wall as an accent wall. The whole area minus the accent wall was repainted to match because unable to get the same color. My question is am I allowed to charge for entire repainting or just the 1 wall and have none matching walls. The also did this in a bathroom making 1 wall a red accent wall. Again the other 2 walls had to be repainted to match.
Submitted: 2 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 3 minutes by:
2/22/2016
Real Estate Lawyer: Barrister, Lawyer replied 2 years ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,076
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

Can you tell me how long the tenants lived there?

.

Did you not have the original color paint to repaint with?

.

When were the walls last painted prior to the tenant moving in?

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Customer reply replied 2 years ago
Tenants lived there 5 yrs
I specifically told renter to go to ***** ***** with a paint chip and to get eggshell finish.
Walls were painted 1-2 yrs of them moving in
Real Estate Lawyer: Barrister, Lawyer replied 2 years ago

Ok, are you saying that the paint was 6-7 years old?

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Customer reply replied 2 years ago
instead of taking to ***** ***** to get match they purchased gladden grab and go paint to touch up
Customer reply replied 2 years ago
Glidden
Real Estate Lawyer: Barrister, Lawyer replied 2 years ago

Ok, here is your problem... paint has a "depreciable life" just like carpet, vinyl, flooring, appliances, or other improvements to a rental. This means that after its depreciable life is exhausted, it is essentially valueless and a tenant can't be charged for any damages.

.

The general rule that judges use in landlord tenant cases is that these items have a 5 year depreciable lifespan. So after one year, if a landlord had to repaint due to tenant damage, they could only charge the tenant 80% of the cost. 4 years....20%... over 5 years then the entire depreciable life is exhausted so the landlord can't charge at all.

.

So here if you are at 6-7 years, it is past its depreciable lifespan and if you charged the tenant any repainting costs and they objected and filed suit, they would win...

.

As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

.

I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Customer reply replied 2 years ago
They r now in Canada. Hmmm
Customer reply replied 2 years ago
But how is putting a different color on the wall returning it to the state it was in? I would expect that maybe the shade be off but to have a red wall in an otherwise tan room?
Customer reply replied 2 years ago
Also originally I left them with the left over original paint and they took it upon themselves to throw it all out
Real Estate Lawyer: Barrister, Lawyer replied 2 years ago

Honesty, it doesn't matter if they painted it pink with purple spots... Once the paint that is on the walls is over 5 years old, it has exhausted its depreciable life so legally you can't charge them for repainting.

.

So you can roll the dice a bit and try to charge them some amount because they likely aren't aware of depreciation in a rental property and they probably wouldn't come back to sue you for it if you did. But you just need to be aware that legally if they did, they would win. So if you did try it, I wouldn't hit them for enough to make it worth their while to come back and challenge it.

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,076
43,076 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

Barrister 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:

Barrister

Barrister

Lawyer

43,076 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I have a 3bedroom unit in San Francisco in which a tenant
I have a 3bedroom unit in San Francisco in which a tenant occupied for approximately 3 years. They recently moved out and I discovered they painter many of the interior walls different colors. I have … read more
Barrister
Barrister
Lawyer
Doctoral Degree
43,076 satisfied customers
i have a home that I am renting and there was some water damage
i have a home that I am renting and there was some water damage in the basement. I am having all of the drywall removed and replaced on the wall that was damaged. But, the tenant is insisting that I n… read more
Barrister
Barrister
Lawyer
Doctoral Degree
43,076 satisfied customers
I have rented my apartment for almost 8 years. I am moving
I have rented my apartment for almost 8 years. I am moving out this month. Landlord has given me a list of expectations which includes "painting walls in all rooms if required". This list says the lis… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,012 satisfied customers
contractor or handyman I have a small amount of water damage
contractor or handyman I have a small amount of water damage above the top of my fiberglass shower, about 12 in. This was caused by a leaking hand held shower which has since been replaced. I am now s… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
I have a tenant who damaged the wall in the bedroom by making
I have a tenant who damaged the wall in the bedroom by making and patching a hole. Can I charge the fixing of the hole and painting the whole room. It is a studio and the room and hallway were painted… read more
KimberlyLaw
KimberlyLaw
Principal Attorney
Master\u0027s Degree
3,911 satisfied customers
When my tenant moved in, he asked to paint 3 bedrooms and 1
When my tenant moved in, he asked to paint 3 bedrooms and 1 bathroom I ok'ed as long as he repaints back to the original colors. During the walk through (after 2 years) , the rooms were not repainted … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My tenant that has resided in my condo for the past 3 years
My tenant that has resided in my condo for the past 3 years just moved out. Upon check out, I noticed 20+ 1/8" holes in various walls throughout the condo that were not patched. I also noticed in the … read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
I own a house in Georgia and when my tenant went to move out,
I own a house in Georgia and when my tenant went to move out, he repainted one bedroom upstairs with what he thought was the correct paint. The paint did not match, but instead of painting the entire … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Hi we live in Texas; just moved out and left the place in pristine
Hi we live in Texas; just moved out and left the place in pristine condition - had it professionally cleaned to ensure deposit was returned. When we moved in paint was not fresh, but walls were clean,… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I have leased a condo in Washington State for the past 11 years.
I have leased a condo in Washington State for the past 11 years. In the original contract, I was given permission to paint a room, which I agreed to return to the original color when I moved out. Neit… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,012 satisfied customers
our apartment in pa had discoloration of the walls from a former
our apartment in pa had discoloration of the walls from a former tenants touch up when we moved in. we repainted all but two entire rooms prior to an inspections and nothing was mentioned, in fact it … read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
If tenant painted walls bright colors and resided at home for
If tenant painted walls bright colors and resided at home for 5 years, can landlord still charge to restore the color to the has move in standard white color when vacate?… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Hello, the Condo Assoc Board has agreed to repair and paint
Hello, the Condo Assoc Board has agreed to repair and paint damaged walls and ceilings due to roof leaks. Do they also have to fix .i.e. paint, etc adjoining walls, ceiling in the same room? What is t… read more
Barrister
Barrister
Lawyer
Doctoral Degree
43,076 satisfied customers
I am about to rent an older home which has neutral colors in
I am about to rent an older home which has neutral colors in all rooms except 2 of the bedrooms, which were painted in very dark colors by what appears to be the homeowner because they leaked paint on… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I recently completed a lease, which was part of a contract
I recently completed a lease, which was part of a contract to purchase, due to an employment relocation I did not close on the contract.The contract deposit was forfited & delivered to the sellers age… read more
cfortunato
cfortunato
J.D.
7,967 satisfied customers
I have recently vacated an apartment with a 30 day notice.
I have recently vacated an apartment with a 30 day notice. The previous apartment owners (AIMCO) kept very poor records. Part of a previous lease renewal incentive by AIMCO offered to provide an accen… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
iS A RENTER RESPONSIBLE TO COMPLETELY PAINT THE ...
iS A RENTER RESPONSIBLE TO COMPLETELY PAINT THE CONDO UPON MOVE OUT IF THE CONDO WAS NOT FRESHLY PAINTED UPON MOVE IN?… read more
Flagbridge-RE
Flagbridge-RE
Principal Consultant
B.Kin, B.C.L, C. Neg, C. Med, C. A
1,786 satisfied customers
Can I deduct from the security deposit of my previous ...
Can I deduct from the security deposit of my previous tenants the cost of repainting the apartment, the cost of cleaning the carpet and the cost of the cleaning service that was brought in? I had bran… read more
Flagbridge-RE
Flagbridge-RE
Principal Consultant
B.Kin, B.C.L, C. Neg, C. Med, C. A
1,786 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