Can a Landlord Charge for Painting in California?
Yes, but only in specific situations. California landlords can charge you for painting if you caused damage beyond normal wear and tear. They cannot charge you for routine repainting that happens just because paint naturally fades over time.
This matters because your security deposit is on the line. Understanding when painting charges are legal helps you protect your money when you move out.
Let’s break down exactly when landlords can and can’t charge for painting in California.
What California Law Says About Painting Charges
California Civil Code Section 1950.5 controls how landlords can use your security deposit. The law is clear: landlords can only deduct money for damage you caused, not for normal aging of the rental.
Paint naturally fades and wears down over time. That’s called normal wear and tear. Landlords must pay for this themselves as part of maintaining their property.
If you punch holes in walls, paint without permission, or cause excessive marks and stains, that’s different. These are damages you caused, and landlords can charge you to fix them.
What Counts as Normal Wear and Tear
Normal wear and tear includes things that happen just from living in the apartment. California courts have said this is “deterioration that occurs by reason of time and use in spite of ordinary care.”
Here’s what usually counts as normal wear and tear with paint:
Faded or slightly discolored paint from sunlight exposure. Small scuff marks from furniture or normal movement. Minor nail holes from hanging pictures (usually one or two per wall). Worn paint in high-traffic areas like hallways.
These things happen naturally. Your landlord cannot charge you for them, even if they decide to repaint before the next tenant moves in.
When Landlords Can Charge You for Painting
Landlords can charge for painting when you cause actual damage. This goes beyond normal living and includes things you could have prevented.
Examples of chargeable painting damage include: Large holes in walls from removing shelves or fixtures. Excessive nail holes (like 20 holes in one wall). Dark paint colors you applied without permission that require extra primer. Graffiti, drawings, or writing on walls. Severe stains from spills, smoke, or neglect.
The key question is whether the damage was avoidable. If you were careless or made unauthorized changes, you’re probably responsible.
The Unauthorized Painting Problem
Painting your apartment without permission is a big issue in California. Even if you do a great job with neutral colors, your landlord can still charge you.
Here’s why: Landlords often use specific paint brands and colors to keep all their units looking the same. Your unauthorized paint job forces them to repaint the entire room to match. This includes labor costs, materials, and time.
Some landlords will work with you if you ask first. They might approve certain colors or let you paint if you agree to return the walls to the original color when you leave. Always get this approval in writing before you start.
Never paint without asking. It almost always results in charges from your security deposit.
How Long Paint Should Last
California doesn’t have a specific law about how long paint should last. However, most property managers and courts recognize that paint has a useful life of about 2 to 3 years.
This matters for how much landlords can charge you. If you lived in the apartment for three years and there’s normal fading, the landlord probably can’t charge you anything. The paint was due for replacement anyway.
If you lived there for six months and caused significant damage, you might be charged the full cost. If you stayed for 18 months with some damage, the landlord might prorate the cost based on remaining paint life.
This isn’t a firm rule, but many California landlords use this approach to be fair.
Your Security Deposit Rights
California gives you strong protections around security deposits. Landlords must follow specific rules when they want to keep any of your money.
Within 21 days of moving out, your landlord must either return your full deposit or send you an itemized statement. This statement must list each deduction, explain why they’re taking the money, and show how much each item costs.
For deductions over $125, landlords must include copies of receipts or invoices. If they did the work themselves, they need to describe what they did, how long it took, and charge a reasonable hourly rate.
If your landlord misses the 21-day deadline, they lose the right to keep any of your deposit. They must return it all.
New Photo Requirements in California
Starting in 2025, California added new rules to protect tenants. Landlords must now take photos at specific times during your tenancy.
For leases starting on or after July 1, 2025, landlords must photograph the unit when you move in. They must also take photos after you move out but before they do any cleaning or repairs. Finally, they need photos after repairs are finished.
These photos protect both you and the landlord. They show the true condition of the apartment and make it harder for either party to lie about damage.
If your landlord doesn’t take these required photos, they may lose their right to deduct from your deposit at all. This is a powerful protection for tenants.
How Much Security Deposit Can Landlords Collect
As of July 1, 2024, most California landlords can only collect one month’s rent as a security deposit. This applies whether your apartment is furnished or unfurnished.
There’s an exception for small landlords who own two properties or less with four units total or fewer. They can still collect up to two months’ rent.
This change makes it cheaper to move into rentals. It also means landlords have less money to work with if there’s damage, so they may be more careful about deductions.
Protecting Yourself When You Move Out
You can protect your security deposit by documenting everything. Take photos or videos of the entire apartment when you move in and when you move out.
Make sure your photos show: Every wall in every room. Close-ups of any existing damage. The overall condition with good lighting. Date stamps if possible.
Clean thoroughly before you leave. A dirty apartment gives landlords more reasons to make deductions. Professional cleaning is often worth the cost.
Do a pre-move-out inspection with your landlord if they offer one. This gives you a chance to fix problems before they become official deductions.
Send your new address to your landlord in writing. They need it to return your deposit. If they can’t find you, the 21-day clock still runs.
What to Do If You’re Charged Unfairly
If your landlord charges you for normal wear and tear or routine repainting, you have options. Start by writing a polite letter explaining why the charges are wrong.
Include your evidence: photos from move-in, photos from move-out, and copies of your lease. Point to California Civil Code Section 1950.5 and explain that normal wear and tear isn’t chargeable.
If your landlord won’t budge, you can file a claim in small claims court. In California, you can sue for up to $12,500 in small claims. You don’t need a lawyer.
Bring all your documentation to court: your lease, photos, the itemized statement, and any correspondence with your landlord. Judges often side with tenants on wear and tear issues if you have good evidence.
If your landlord acted in bad faith by knowingly charging you for things they shouldn’t, the court might award you extra damages on top of your deposit.
Special Situations to Know About
Some situations create extra questions about painting charges. If you painted dark colors without permission, your landlord can charge for the extra primer needed to cover them. This is considered damage beyond just the painting itself.
If you have nail holes from hanging pictures, a few small holes are usually fine. But if you hung a heavy shelf that left large holes or anchor damage, that’s chargeable.
Smoke damage from cigarettes creates a lingering smell and discoloration. This is usually considered damage, not normal wear and tear. Your landlord can charge for repainting and odor treatment.
Properties built before 1978 might have lead-based paint. If you’re charged for painting in an older building, make sure proper safety procedures were followed. This can affect whether charges are reasonable.
Lease Agreement Language Matters
Always read your lease carefully before signing. Many leases have specific rules about painting and alterations. Some prohibit any painting. Others allow it with written approval. Some require you to return walls to their original color when you leave.
If your lease says you can’t make alterations and you paint anyway, you’ve violated your lease. This makes it much easier for your landlord to charge you.
Never rely on verbal agreements. If your landlord says painting is okay, get it in writing. A text message or email is better than nothing, but a signed addendum to your lease is best.
When Landlords Must Paint
California doesn’t require landlords to paint between tenants. However, they must keep the property habitable. If paint is peeling dangerously, has mold, or contains lead hazards, landlords must fix it.
Many landlords choose to repaint between tenants to keep the property attractive. This is their business decision and their cost. They cannot pass this routine maintenance cost to you through security deposit deductions.
If the previous tenant damaged the walls and your landlord fixed them before you moved in, that doesn’t affect you. You’re only responsible for damage during your tenancy.
Communication Is Key
Talk to your landlord before you move out. Ask about their expectations for the condition of the apartment. This conversation can prevent surprises later.
If you know there’s damage beyond normal wear and tear, consider fixing it yourself before you leave. Hiring a handyman to patch and paint might cost less than what your landlord will charge.
Be honest about any damage. Trying to hide it usually makes things worse. Landlords do move-out inspections and will find problems.
Keep all communication in writing. If you discuss painting or repairs, send a follow-up email summarizing what you talked about. This creates a paper trail if there’s a dispute later.
Frequently Asked Questions
Can my landlord charge me for faded paint?
No. Faded paint is normal wear and tear. Paint naturally fades over time from sunlight and age. Your landlord must pay for routine repainting themselves.
What if I painted without permission but used neutral colors?
Your landlord can still charge you. Even with neutral colors, they might need to repaint to match their standard color scheme. Unauthorized painting is considered damage to their property.
How many nail holes are too many?
A few small nail holes from hanging pictures are normal wear and tear. But 10 or 20 holes in one wall, or large holes from anchors and shelving, can be charged as damage.
Can landlords charge for cleaning before painting?
Only if the walls are dirtier than when you moved in. Normal cleaning is their responsibility. But if there are grease stains, sticky residue, or grime beyond normal use, they can charge cleaning costs.
What if my landlord doesn’t provide receipts for painting charges?
For deductions over $125, landlords must provide receipts or invoices. If they did the work themselves, they must describe the work and time spent. Without this documentation, you can challenge the deduction.
Do I have to pay if the apartment needed painting anyway?
It depends. If you lived there for several years and the paint was old and faded, you probably don’t owe anything. If you caused specific damage, you might owe for fixing that damage only, not full repainting.
Can I deduct painting costs from my last month’s rent?
No. Never withhold rent to pay for repairs or painting. This violates your lease and can lead to eviction. You must pay rent in full and dispute security deposit deductions separately.
Final Thoughts
Understanding California’s painting laws helps you avoid unfair charges when you move out. The main rule is simple: you pay for damage you caused, not for normal aging of the apartment.
Document everything with photos. Keep your apartment clean and in good condition. Get written permission before making any changes. These steps protect your security deposit.
If you believe your landlord charged you unfairly, don’t be afraid to push back. California law is on your side when it comes to normal wear and tear. Keep good records and know your rights.
Remember that most landlords are reasonable people running a business. Clear communication and mutual respect usually prevent problems before they start.
Helpful Resources
- California Courts – Guide to Security Deposits – Official information about tenant rights and security deposit laws
- California Civil Code Section 1950.5 – The actual law governing security deposits in California
- California Department of Real Estate – Landlord-Tenant Guide – Comprehensive guide to rights and responsibilities
- California Tenant Law Firms – Free consultations for tenants with deposit disputes
- Small Claims Court Information – How to file if you need to take your landlord to court
