Complete Guide
Is Paint "Normal Wear and Tear"? (HUD Guidelines)
Did your landlord charge you for painting? If you lived there 2+ years, that charge might be illegal under HUD useful life guidelines.
Key Takeaways
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illegal deductions for normal wear and tear
The HUD 3-Year Rule for Paint
Under HUD Handbook 4350.1, the useful life of interior paint is typically 3 years (sometimes up to 5 years for high-quality enamel).
- What this means for you:
- 0-6 Months: If you damage paint (holes, drawings) immediately, you pay full repainting.
- 1-2 Years: You pay a prorated amount (e.g., 1/3 of the cost).
- 3+ Years: The paint has reached the end of its life. The landlord is expected to repaint between tenants anyway. You owe $0, even if there are scuffs or fading.
Scuffs vs. Damage
- Normal Wear (Landlord Pays):
- Minor scuff marks from furniture
- Fading from sunlight
- Small nail holes from pictures
- Peeling due to poor application or moisture
- Damage (Tenant Pays):
- Large holes (from TV mounts or accidents)
- Unapproved paint colors (e.g., you painted a room blue)
- Excessive grime, grease, or crayon marks
- Deep scratches that break the drywall surface
Frequently Asked Questions
My landlord charges a mandatory painting fee. Is that legal?
In many states (like California), automatic non-refundable fees are illegal. Deductions must be for *actual damage* beyond normal wear. A flat "painting fee" regardless of condition violates this principle.
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