As a Wisconsin landlord, you might wonder whether your tenants are responsible for the cost of painting when they move out. Knowing your rights and responsibilities is essential to maintaining your property and ensuring legal compliance.
Can Tenants Be Charged for Painting?
Wisconsin law does not permit a landlord from deducting routine painting costs from a tenant’s security deposit; however, if the tenant causes damage in excess of wear and tear, or if the tenant painted one or more walls in the rental unit without the landlord’s permission, a landlord may have a valid reason to deduct the cost of repair from the tenant’s security deposit.
What Is Normal Wear and Tear?
Routine painting is considered normal wear and tear, which means the costs associated with it cannot be deducted from a tenant’s security deposit. But what is “normal” wear and tear? When determining if damage to the rental unit’s paint is normal wear and tear, or regular property maintenance, as opposed to damage, the landlord should consider the following:
- How long the tenant lived at the property
- Whether the rental unit was freshly painted on the date the tenant moved in
- The number and type of tenants who occupied the unit (One adult should cause less normal wear and tear than a family with minor children, for example.)
- Whether the area that requires repainting is in a high-traffic area, such as a kitchen
If you are unsure whether paint damage exceeds normal wear and tear, you should err on the side of caution and not make a security deposit deduction.
What Qualifies for Security Deposit Deductions?
- Significant damage: If there are holes in the walls, deep scratches, or unauthorized paint colors, these are typically considered damages beyond normal wear and tear.
- Repainting or repairs: Costs for repairing or repainting due to such damage may be deducted from the tenant’s security deposit. However, you should not deduct the cost associated with repainting all or a large portion of the rental unit when the damage, such as a hole in the wall, is limited to a specific area, for example.
When in doubt, do not make the deduction.
Protect Your Property:
- Document everything: A landlord who improperly withholds a tenant’s security deposit may be liable to the tenant for double the deposit and the tenant’s attorney’s fees. Therefore, you should carefully document the damage if you intend to bill any painting costs against the tenant’s security deposit.
For example, take pictures of holes in the wall, damaged, chipped, or peeling paint, and stains, including from tobacco (particularly if the unit or building is designated as smoke-free). If you hire a contractor, ask the contractor to describe the damage in the contractor’s quote, invoice, or bill.
Overall, you need to create a record of the reasons the damage caused by the tenant exceeded normal wear and tear with the expectation that any deduction from the tenant’s deposit for painting will be scrutinized by the court. - Know your rights: Understand the law when it comes to what can and cannot be deducted from a security deposit. Wisconsin real estate attorneys, like Attorney Michael Heller, can assist you in knowing your rights and ensure your lease agreements are drafted correctly to protect your interests.
Why Choose Heller Law Offices?
When it comes to resolving disputes over painting responsibilities, you can rely on Attorney Michael Heller at Heller Law Offices.
With over 14 years of experience in real estate law and landlord representation, Attorney Heller is a Milwaukee real estate attorney who understands the intricacies of landlord-tenant relationships, and is here to help protect your interests.
If you’re dealing with disputes over painting or other lease matters, don’t navigate it alone.
Contact Heller Law Offices today for a free consultation.
The information published by Heller Law Offices, LLC is available for the reader’s convenience, is general in scope, and shall not be considered legal advice on any subject matter. No attorney-client relationship exists between the reader and Heller Law Offices solely because the reader engages with this Website and blog. Only a formal written retainer agreement establishes an attorney-client relationship.
The information contained in the blog is not a substitute for legal advice from a licensed attorney. Each situation is unique, and the information in the blog may not pertain to the reader’s situation. An analysis of the reader’s specific situation is required to provide accurate legal advice.
All information contained in the blog is based upon, or relates to, the laws and administrative code of the State of Wisconsin.