Paint is one of the elements that most affects the appearance and overall condition of a home. However, when it’s time to repaint, one of the most common questions between landlords and tenants comes up: who has to cover the cost of painting a rental property?
The answer is not always straightforward, as it depends on the reason painting is needed, the condition of the property and what the tenancy agreement states.
- What the Urban Leases Act says about painting
- When the landlord is responsible for painting the rental property
- When the tenant must pay for painting
- Can you change the colour of the walls in a rented property?
- Do you have to paint the property at the end of the tenancy?
- The importance of setting this out in the contract
What the Urban Leases Act says about painting
The Urban Leases Act (LAU) does not specifically regulate who must paint a rented home. However, it does set out the obligations of landlords and tenants in terms of maintenance, upkeep and repairs.
Under Article 21 of the LAU, the landlord is required to carry out all repairs necessary to keep the property in suitable living condition, provided the damage was not caused by the tenant.
On the other hand, minor repairs resulting from ordinary use of the property are the tenant’s responsibility. For this reason, determining who must pay for painting mainly depends on the cause of the wear and tear.
When the landlord is responsible for painting the rental property
In general terms, the landlord must paint the property when the need arises due to the passage of time and normal wear and tear resulting from everyday use.
This typically happens in long-term contracts, where walls lose colour, small marks appear, or the paint deteriorates naturally. In such cases, repainting can be considered a maintenance measure aimed at keeping the property in proper living condition.
The landlord must therefore cover the cost when:
- The deterioration of the paint is a result of natural ageing.
- Painting is necessary to maintain the property in habitable condition.
- There is no damage attributable to the tenant’s behaviour.
When the tenant must pay for painting
The situation changes when the deterioration of the walls is due to improper or negligent use by the tenant.
For example, the tenant may have to pay for painting if there are serious stains, damp caused by a lack of proper ventilation, damage caused by aggressive cleaning products or harm resulting from incorrect use of the property.
In such cases, the landlord may require the property to be returned in the same condition in which it was handed over, and may even deduct the cost of repairs from the security deposit if necessary.
Can you change the colour of the walls in a rented property?
Yes, but it is important to obtain the landlord’s authorisation beforehand.
Article 23 of the LAU states that the tenant may not carry out alterations that modify the configuration of the property without the landlord’s express written consent. The landlord may require the property to be restored to its original condition, meaning it must be repainted in its original colour.
Do you have to paint the property at the end of the tenancy?
It depends. Although the property must be returned in almost the same condition as it was found, painting is not automatically required, according to judgment 1752/2025 of the Provincial Court of Granada.
If the deterioration of the paint is due to normal use of the property, repainting would form part of general maintenance and would therefore be the landlord’s responsibility, unless otherwise agreed in the tenancy contract.
However, if the walls show significant damage, excessive staining, holes or colours different from those authorised by the landlord, the landlord may require repairs to be carried out or deduct the corresponding amount from the deposit.
The importance of setting this out in the contract
Many disputes relating to painting and rental properties can be avoided if the terms are clearly set out in the contract.
For example, it is advisable to specify:
- Who will be responsible for painting work during the tenancy.
- In which situations the landlord or the tenant is responsible.
- Whether there is authorisation to change colours or finishes.
- The conditions in which the property must be returned at the end of the contract.
In summary, as a general rule, when paint deteriorates due to the passage of time and normal use of the property, the landlord is responsible. By contrast, if the damage results from improper or negligent use by the tenant, then the tenant must pay for repainting.
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