Out-going tenant does not need to pay for paint

Landlords have been told in an appeal court judgment that they do not have the right to make tenants pay for a fresh coat of paint at the end of their lease unless the paint has been damaged by them.

Normally, on moving out tenants return the property in the same state they found it, but there are exceptions for fair wear and tear over time.

A court case from Tou­louse made this point after an owner kept a tenant’s deposit and asked him to pay part of the €1,725 costs of repainting as the flat had been freshly painted white when he moved in 18 months previously and it had yellowed when he moved out.

The Cour de Cassation ruled that even if the paint was new at the start the landlord had no right to new paint on departure if there was no damage.

They said the landlord had not shown the yellowing was due to any fault of the tenant – and the tenant said he felt the landlord had not used undercoat or a decent quality paint.