Can my landlord charge for interior paint in Delaware?
“To reimburse the landlord for actual damages caused to the premises by the tenant which exceed normal wear and tear, or which cannot be corrected by painting and ordinary cleaning…”
Work out a prorated estimate
Enter what you were charged.
How it's worked out: charge × (useful life − age) ÷ useful life. It is a prorated estimate using a useful life you can see and change; your state, your lease or a court may treat the charge differently. Most deposit statutes we've read exclude normal or ordinary wear and tear; your state's page quotes its rule.
Useful life: what we can cite
We haven't found a published useful-life figure for interior paint that we can cite, so Fair Charge asks you for one instead of assuming it. A manufacturer's warranty or product page is a reasonable place to start; label it as yours when you use it.
See the full useful-life table and how Fair Charge works.
What your state says
Delaware's deposit covers damage beyond normal wear and tear, or damage that can't be corrected by painting and ordinary cleaning.
“To reimburse the landlord for actual damages caused to the premises by the tenant which exceed normal wear and tear, or which cannot be corrected by painting and ordinary cleaning…”
- Wear and tear in Delaware
- Only damage that exceeds normal wear and tear, or can't be corrected by painting and ordinary cleaning (§5514(c)(1)).
- Itemization
- An itemized list of damages with the estimated repair cost of each, sent with the balance.
Sources
- 25 Del. C. §5514(c)(1)
- Cal. Civ. Code §1950.5(h)(1) (wear and tear)
- Tex. Prop. Code §92.103, §92.107 (wear and tear)
- N.Y. Gen. Oblig. Law §7-108(1-a) (wear and tear)
- RCW 59.18.280 (wear and tear)
Information, not legal advice. A prorated estimate is not a legal limit on what can be charged.