My ex-Leasing Management Company is trying to charge me for painting in the amount of $350.00. I never once painted anything on the walls, I do not smoke, and I have kids, but nothing damaging, a few pencil marks and a few nail holes from pictures. We leased there for almost 4 years. I read somewhere that normal replacement or expectancy life of interior paint is 2-3 years.
Before a firm answer to your question could be provided, a lawyer would need to look at the lease, and the evidence of damage to the property. Generally speaking, however, most leases provide that the tenant return the property to the landlord in good condition, normal wear and tear excepted. This means that the landlord accepts that the property will be used and in the course of using the property there will be wear and tear on it. The question of whether the damage is "normal wear and tear" if disputed, is a fact question which a judge or jury would have to decide. If you have good evidence that there was only "normal wear and tear" you could take your landlord to court (you would use the small claims court in the precinct where the property is located) and ask the court to order the landlord to refund this money. There are provisions in the property code which might even entitle you to attorney's fees if you hired an attorney to help you. Small claims courts are designed for people without lawyers so if you feel that you don't owe the money - fight to protect yourself! It's probably cost prohibitive to hire a lawyer for a dispute of this size - but you always have that option.
The above comments are based only on the information presented in your online question and are not meant as specific legal advice and should not be relied upon by you as legal advice. There may be other facts which would impact your situation which may not be included in your question. I have not been retained as your lawyer, and I do not possess enough information to give you a legal opinion on the outcome of your dispute nor can I completely answer your question without an opportunity to fully discuss all of the facts of your situation. I can only be retained as your lawyer by both of us signing a written engagement letter. You should retain a lawyer to advise you before making any decisions relating to the issues raised in your online inquiry. You should retain a lawyer quickly, because there may be time limits which impact your legal situation. I HAVE NOT PROVIDED ANY LEGAL ADVICE TO YOU AND URGE YOU TO GET A LAYWER. I provide a free initial consultation. If you are interested in talking with me, please call 713-666-1981.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline