Can My California Landlord Charge Me for Painting After Move-Out?

Attorney Answer

A landlord generally cannot charge you for routine repainting as part of your security deposit deductions, and your evidence puts you in a strong position to dispute this.

California Civil Code section 1950.5 controls what a landlord can deduct from a security deposit. Deductions are limited to four things: unpaid rent, cleaning needed to return the unit to the same level of cleanliness it was in when you moved in, repairing damage you caused beyond normal wear and tear, and, under section 1950.5(b)(4), remedying a default in an obligation to restore, replace, or return personal property or appurtenances if the rental agreement authorizes the deposit to be used that way. That fourth category is narrow and is the only one a lease can switch on — a lease cannot add a general category of its own, and section 1950.5(m) forbids any lease provision that characterizes a deposit as nonrefundable. So even a lease with a painting clause would not make repainting a permitted deduction. Ordinary fading, minor scuffs, or wear from normal living generally count as normal wear and tear, which a landlord cannot charge for. Painting to freshen up a unit between tenants is often treated as a normal cost of doing business rather than tenant damage, especially where there is no actual damage.

Your evidence matters a lot here. You have your own video showing the unit's condition, the landlord's own inspection photos, and no painting clause in your lease. That combination directly undercuts a $1,200 painting charge. California law also requires a landlord to provide an itemized statement explaining any deductions, along with receipts or invoices for the actual cost when the total deducted is $125 or more, and to do this within 21 days of your move-out.

Steps to take:

1. Request the itemized statement and receipts for the $1,200 charge in writing if you have not received them yet. 2. Compare the landlord's inspection photos against your own video, noting date and time stamps. 3. Send a written dispute letter explaining the unit was left clean, no damage was done, there is no painting clause in the lease, and you are requesting the full deposit back, attaching your evidence. 4. If the landlord does not resolve it, you can generally pursue the disputed amount in small claims court, where you do not need a lawyer and the process is designed for amounts like this.

One more thing to know: if a landlord withholds a deposit in bad faith rather than for legitimate reasons, California law allows a tenant to recover additional damages on top of the amount wrongfully withheld, so a well-documented, good-faith dispute you raise now matters.

This is general legal information based on California law, not legal advice for your specific situation. A local tenant rights attorney or legal aid clinic can review your lease and evidence and advise on next steps if the landlord does not resolve this.