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.

7 min readUpdated January 2026

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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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Disclaimer: This guide provides general information about consumer protection rights and is intended for educational purposes only. It is not legal advice. Laws vary by state and individual circumstances differ. Consult a licensed attorney for advice specific to your situation.

Last updated: 2026-01-24.