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The landlord can’t require the tenant, after the end of a lease contract, to cover the cost of painting. With some exceptions, they are considered to be deterioration from normal usage.
Some discrepancies can arise when a contract for renting a home ends. These are usually related to expenses that must be borne by the tenant. The court in this case has ruled on who is responsible for the cost of painting. Can the landlord recover these costs from the tenant?
The Provincial Court of Girona has issued an order in which the estimated cost of the painting of the house is not to be borne by the tenant.
All of this is a result of the landlord’s demand to his tenants. Both parties signed a contract for a lease with an option to buy, where the landlord received 60,000 euros. From the date of signing the contract the tenant would get 3,000 euros per month.
If the tenant cancels the contract, they will forfeit the deposit of 60,000 Euros. However, the owner claims:
Rent of 9,000 Euros, which corresponds to 3 rent payments per month remaining to meet the 6 month minimum.
According to the provided invoices, 1,226 euro is 50% of the cost of electricity and water for the rental home.
Carpentry damages of 1,006.72 Euros
744.15 euros for paint damage
A landlord can’t force a tenant to pay for painting.
The Court states that the painting costs are part of normal home use and therefore, it’s not the responsibility of the tenant.
It is also supported by sentences that state the same. The Civil Code states that the assumption is that the tenants received their home in a good state and that they must return the house in that same condition unless it was damaged by time or other unavoidable reasons.
In the ruling, it is stated that receiving a property in “good condition” doesn’t mean that the item was “new”. Cleaning and painting the home are in most cases the responsibility of the landlord who plans to rent out the house again.
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