Never listen to what your tenants tell you that the law requires. It sounds to me as if they have made you expend a lot of labor and money. Charge them for it. If they want to claim you charged them for the depreciated paint job, let them go ahead.
As the landlord, you MIGHT be able to deduct from the tenant's security deposit for paint if the colors were not authorized. How much you can deduct will depend, in part, on how long the tenant has been living there, as well as how dark the colors were (necessitating more than one coat of paint).
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Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
I agree with my colleagues. If your going to repaint keep all receipts for labor and materials.
If you have already refunded the deposit send a letter with the receipts demanding payment. If the tenant refuses to pay, then take him to small claims.
If you have not refunded the deposit and your within the 21-day statutory period for refunding the deposit and/or providing an itemized statement of deductions, then charge for the labor and materials associated with repainting and provide for such deductions on the itemized statement. It will then be the tenants choice if they want to challenge the deductions from the security deposit in small claims.
I think you have a good case as the tenant alterations were not authorized and are not normal wear tear.
Sorry there is no clear cut answer but the law has inherent ambiguities. Good luck with your case.
Marcus W. Morales, Esq.
Law Offices of Marcus William Morales
Santa Barbara Lawyer
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