When a lease ends, the question often arises as to who should take care of painting the walls. Over time, the walls can become dirty due to pollution, humidity or daily use.
But who should take charge of this task? The tenant or the homeowner?
In this article, we will explore the regulations and responsibilities of both parties to clear up any doubts. Read on to find out who is responsible for painting at the end of a lease.
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Obligations upon expiry of the rental contract
Upon expiration of the rental contract, the tenant is required to return the property in the same condition in which it was delivered, i.e. in good condition. This obligation implies that any damage caused by negligence or carelessness must be repaired at the tenant’s expense.
However, signs of wear resulting from the normal use of the apartment are the responsibility of the owner, who must provide for ordinary maintenance.
So, who should pay for painting the walls?
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Distinction between normal use and negligence
To understand who should take care of painting the walls, it is essential to distinguish between normal use of the apartment and damage resulting from negligence or carelessness of the tenant.
- Normal use and deterioration: If the walls are dirty due to humidity or daily use, the obligation to paint is up to the owner. Deterioration is caused by the normal passage of time and therefore falls within ordinary maintenance.
- Negligence and carelessness: If the damage to the walls is caused by the tenant’s negligent behavior, such as food stains, marks from furniture that has been carelessly moved, or graffiti, then the tenant is responsible for the cost of painting.
This distinction is essential to avoid disputes at the end of the contract.
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Specific contractual clauses
Another crucial aspect to consider is the presence of specific clauses in the rental agreement. If there is a clause in the contract that obliges the tenant to paint the walls at the end of the lease, then the tenant must respect this commitment. This clause, if accepted and signed by the tenant, has legal and binding value.
However, without a clause specifies, the responsibility for painting the walls generally falls on the ownerunless the damage is due to the tenant’s negligence. It is therefore essential to read the rental agreement carefully before signing it to clearly understand your responsibilities.
The Court of Cassation has provided further clarification on who should bear the costs of painting the walls.
For example, it has been established that holes in the walls for hanging pictures or shelves are part of the normal use of the apartment. Therefore, the owner cannot claim compensation or withhold the deposit for these damages, as they are considered part of the normal use of the property.
This interpretation of the Court of Cassation helps protect tenants from unjustified demands and clarifies that the normal use of the apartment cannot be penalized with additional costs at the end of the lease.
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When the tenant is responsible for painting
Despite legal protections, there are situations in which the tenant must bear the costs of painting the walls. This obligation arises if the damage on the walls is due to the negligence or carelessness of the tenant.
For example, permanent stains, deep scratches or structural damage caused by improper use of the property are the tenant’s responsibility.
Also, as mentioned above, if the lease includes a specific clause requiring the tenant to paint the walls at the end of the lease, that clause must be respected. To avoid disputes, it is advisable for the landlord and tenant to document the condition of the walls with photographs at both the beginning and end of the lease.
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Painting in the case of commercial contracts
The situation may change significantly for the commercial rental contractsthe.
A 2019 ruling by the Court of Cassation established that, even in the presence of a contractual clause that obliges the tenant to paint the walls at the end of the lease, this obligation can be considered null and void.
The judges recalled law 392 of 1978, establishing that the obligation to paint cannot be imposed on the tenant, even if provided for in the contract, because it would unduly shift the ordinary maintenance costs from the lessor to the lessee.
This principle protects commercial tenants from additional costs that are not justified by the normal use of the premises.
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Differences in residential rental contracts
For residential rental contracts, the situation is different. Law 431 of 1998, which repealed the previous law 392 of 1978, allows the inclusion of clauses that impose on the tenant the obligation to paint the walls at the end of the contract.
In these cases, if the tenant has signed the contract with such a clause, he is required to respect the obligation.
So, in a residential context, painting the walls at the end of the lease can be imposed on the tenant, as long as this is clearly stated in the contract. This distinction highlights the importance of reading and understanding all contractual clauses before signing a rental agreement.
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Conclusion
In short, the responsibility to repaint the walls at the end of a lease depends on several factors, including normal wear and tear, tenant negligence, and specific contract terms.
In the case of normal wear and tear, the owner is responsible for ordinary maintenance. If the damage is caused by negligence on the part of the tenant, the tenant is responsible for covering the cost of painting.
Clearly understanding your responsibilities and carefully reading the rental agreement before signing it can avoid unpleasant surprises at the end of the lease.
