Our landlord witheld parts of our security deposit for interior painting & re landscaping. Is that legal?

We lived in a rental home 1 1/2 years. The landlord witheld money from our deposit for paint %26amp; labor for repainting the interior of the home. No damages to walls, just what we considered normal wear %26amp; tear (fingerprints, etc) The interior was painted when we moved in with a paint that could not be cleaned without it coming off the walls. Additionally, they charged us for relandscaping, which we assume involved mowing the back yard %26amp; remulching the flower beds. The flowers that were in the beds were left behind by us %26amp; they used only them, no new plantings. The front yard had been mowed the day before we moved out %26amp; we have witnesses.


The deposit was 1500.00 total %26amp; received back 612.31. We received the breakdown as follows, w/o copies of any bills. 150.00 to clean yard/202.36 carpet cleaning (we also cleaned)/Paint material 160.33/Labor 375.00. home approx 1600 sq ft. We are in Houston Tx. Letter noted on ea. item "Per receipts".

Our landlord witheld parts of our security deposit for interior painting %26amp; re landscaping. Is that legal?
you didnt do a walk thru, when you handed him the keys, or left them somewhere. thats what happens when you dont finish the deal........You have no proof/pictures for court, your out of gas........
Reply:Sadly, many tenants think that fingerprints on walls, etc. are normal 'wear and tear'. They are not. If you had fingerprints you could not remove, it would have been simple to inquire of the landlord if he would provide any paint for you to use to redo the affected walls.





If you were responsible for exterior maintenance as I assume you were, the landlord is entitled to charge you to bring the backyard back to the same condition it was in when you first occupied the premises.





Whether or not you cleaned the carpet, the landlord is allowed to do further cleaning in an attempt to return the carpets to the condition they were in upon occupancy, less any normal wear and tear.





You should ask for receipts to validate these expenses Given what you state, it does not sound as though this landlord was excessive in his deposit withholding.
Reply:I'm a landlord and I have been really too easy about giving deposits back. If you moved in and the paint was good, when you leave it should look about the same after a year or so not ready to repaint-normal wear and tear does not include fingerprints-unless it is flat paint. If you were responsible for upkeep of the yard and you let plants die or let the weeds grow, you should pay to have it restored to how it was when you moved in. As a landlord, I have a problem with how people see what the apartment looks like when they leave as opposed to how it looked when they moved in. My apartments are very, very clean when people move in. They leave dirty, stained carpets, dirty, greasy walls and think that is normal wear and tear. No that is dirt and needs cleaning. Of course, my paint doesn't come off the walls. If the carpets were professionally cleaned, then you leave them the same and that price is reasonable. I do most of the work myself and think I should get compensated for my time. I'm not cheap but I do excellent work. On the other hand, I have a client that owns a large apartment complex. They regularly keep part of everyone's deposit. I don't think that is fair. I have started taking pictures. . .before and after so I don't have this conversation anymore.
Reply:Usually the can't withhold money from your deposit for things that are considered normal wear and tear - it's for damages. I'd check with whatever agency in Houston handles landlord/tenant disputes - this doesn't sound right. Different locations have different ordinances though. But cheating on return of security deposits is a pretty common situation with a large percentage of landlords.
Reply:Did you do a walkthrough when you moved out? Took pictures? If he has pics to back up what he's saying he would win in court, if not, you may get some money back. Go to a small claims court.
Reply:This is hardly an issue as it depends on terms agreed!Also amount is small!
Reply:As a Landlord My guess is that if you took them to small claims you might get most of your deposit back if you were able to substantiate the relative move in/move out conditions of the place. (Got pictures?, I bet that the landlord does)


I,(and most judges, I'll bet) would consider that normal cleaning and to some extent painting are part of the normal refurbishing between tenants. Put yourself in his shoes though, how often would you expect to repaint the interior walls of your own place? When I paint a place I think it should last more than 18 months, don't you?


My last tenants trashed the paint job in 3 months, and that job was done with primer and 2 coats of premium paint.


As far as the landscaping , chances are that the Lease or rental agreement made you responsible for maintaining it.


If all it needed to return it, to the "move in" condition was a few


bags of mulch I would have mulched the beds and taken lots of pictures to prove it.


I don't think landlords should gouge their tenants, but I don't think tenants realize the damage that they do and what it costs to repair it.

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