I was always under the impression that marks on the walls (as long as not excessive) and holes smaller than a dime were "normal wear and tear" when renting a house. So normally the landlord couldn't charge for painting (out of your security deposit). Anyone know the NC statute for this?

8/14/2007 9:02:01 AM

Google "North Carolina landlord tenant law". I believe you are correct, but you can do your own research.

8/14/2007 9:03:48 AM

come on man, your internet savvy as hell... 4th google result halfway down the page

http://www.rentlaw.com/dep/ncdeposit.htm

For example, the tenant cannot leave large holes in the walls from shelving, and cannot repaint the walls to significantly change the color. If the tenant wishes to make changes to the premises that will remain after the tenant moves out, the tenant should secure that landlord's written permission.

8/14/2007 9:06:35 AM

^ well i had heard the "holes less then the size of a dime" thing from property manager before, but can't find it anywhere. the thing you linked to said any holes in the wall are damage. it also doesn't say anything about marks on the walls being normal wear and tear...just a "fading of the paint."

i was hoping to find someone who was experience with these kinds of situations.

8/14/2007 9:12:54 AM

i have always tried to clean off the marks i leave on walls everywhere i have rented and i cover ever hole i make with putty so i dont get charged...

it doesnt take long and i am a firm believer of "leave it how you found it"

8/14/2007 9:13:40 AM

yeah I had some small holes, but covered them with putty and was still charged. and we were charged $300 for painting. we had already planned on not getting the deposit back, but I'm still just curious how this all works, and what laws govern it.

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_42/GS_42-52.html

So I would guess theres some court case somewhere that defines wear and tear?

8/14/2007 9:23:09 AM

While we are on this topic... my landlord said we had to get carpet cleaning before we moved out. I can't find that statement anywhere in the lease... what argument do I have? Or do I just dish out $100+ and get the carpets cleaned?

8/14/2007 9:26:09 AM

I don't think holes and marks on the wall are "normal wear and tear".

I mean I don't think I have ever vacated an apartment with that kind of destruction.

8/14/2007 9:27:43 AM

^ are you on drugs gargs? or is it just a language barrier?

small holes in the wall from hanging stuff == destruction?

8/14/2007 9:29:04 AM

If the carpets are excessively dirty due to lack of vacuuming or heavy foot traffic then yes.

if you have pictures of all the existing spots and can proove that the condition of the carpet is the same as when you moved in then you MIGHT be able to get out of it.

the BIGGEST BIGGEST BIGGEST thing is to get stuff in writing WHEN YOU MOVE IN. Don't take stuff for granted like "dime size holes are ok" and "oh don't worry about the carpet stains"

I got burned several times b/c I was like eh it'll be alright... but if you don't have it in writting then you have NO legal proof of anything and the judge will most likely side with the landlord unless the landlord is a known bastard

8/14/2007 9:29:51 AM

Quote :

"yeah I had some small holes, but covered them with putty and was still charged"

now thats just bullshit

8/14/2007 9:32:29 AM

Quote :

"or is it just a language barrier?"

Way to try to troll...I can guarantee I speak better English than yourself.

That said, Jesus, what the hell are you hanging that leaves behind a hole that big that you have to put putty in, or even something that's noticeable? I also don't buy the dime sized holes are ok argument. A dime is pretty frickin big to imagine in a wall.

8/14/2007 9:33:39 AM

yeah i think the dime thing was just a rule of thumb thing that the property manager i talked to used.


but hanging pictures leaves behind holes....and its normal to fill those holes with putty. and i certainly wouldn't call those holes (or minor marks on the wall) destruction.

Quote :

"# S: (n) destruction, devastation (the termination of something by causing so much damage to it that it cannot be repaired or no longer exists) # S: (n) destruction, demolition, wipeout (an event (or the result of an event) that completely destroys something)"

8/14/2007 9:37:50 AM

i hang a lot of art, pictures and mirrors in my place so i have a lot of holes in the wall

i putty everyone of them also

8/14/2007 9:48:17 AM

Quote :

"That said, Jesus, what the hell are you hanging that leaves behind a hole that big that you have to put putty in, or even something that's noticeable"

tell me, in your infinite wisdom, how the hell else are you going to fix nail holes in a wall, except for putty/spackle?

8/14/2007 9:49:27 AM

I have found little push pins to be good enough for small stuff, and learned never to use large nails on rental properties.

Those 3M picture hanging things are pretty good for when you don't want to damage walls.

8/14/2007 9:50:02 AM

yeah b/c ripping the paper off sheet rock with adhessive leaving gouges is a LOT better choice than putting tiny holes in the wall

8/14/2007 9:51:53 AM

Quote :

"Those 3M picture hanging things are pretty good for when you don't want to damage walls"

dude, i used to work for an interior designer and a lot of my job was hanging pictures.
those 3M style things are terrible for your walls

when hanging art / pictures / shelves or anything you need to use the proper nail size, anchors and the right style of hanger wire or hook unless you want to fuck up your walls

i would never ever use a push pin to hang anything of mine

[Edited on August 14, 2007 at 10:10 AM. Reason : sdf]

8/14/2007 10:09:38 AM

They are required to repaint, at least one coat, so ive heard that anythign that cant be covered in one coat can be charged as abnormal wear and tear, so if you leave b lack marks and they show through paint they will get you.

8/14/2007 1:56:07 PM

^Is there a statute about painting?

8/14/2007 2:09:17 PM

I know they have to repaint between tenants.

8/14/2007 2:43:04 PM

i thought so too, but I couldn't find a specific clause in the nc rental laws.

8/14/2007 2:55:04 PM

I got totally screwed over by Jerry Hailey with this.

Document every single imperfection in absolutely excruciating detail.

The dude tried to play semantics with our descriptions until the judge called him out for it.

8/14/2007 3:20:54 PM