Who Pays for Painting and Repairs in a Rented House? Tenant vs Landlord Legal Guidelines

Move-out day has arrived. You have packed your boxes, cleaned the apartment, cleared all electricity and water dues, and handed over the keys to your landlord. You expect the prompt return of your hard-earned security deposit—often amounting to ₹50,000 to ₹1,50,000 or more. Instead, your landlord inspects the walls, points to minor nail holes and subtle scuff marks behind the sofa, and nonchalantly announces: "I will have to deduct ₹25,000—or one full month's rent—to repaint the entire flat and service the fittings."

This scenario is arguably the single most common, high-friction dispute between landlords and tenants across Indian metropolitan hubs like Bengaluru, Mumbai, Pune, Delhi NCR, Chennai, and Hyderabad. Landlords frequently argue: "I handed over freshly painted, spotless walls; you must return the house in identical pristine condition." Tenants counter: "We lived here for two years, paid rent every single month, and normal wall fading is natural wear and tear covered by our rent!"

Who is legally right under Indian jurisprudence? Can a property owner arbitrarily deduct an entire month's rent for painting without providing contractor tax invoices? What constitutes "ordinary wear and tear" under statutory Indian laws?

In this definitive legal guide, we analyze the provisions of the Transfer of Property Act, 1882, the Model Tenancy Act (MTA), 2021, and landmark court rulings to clarify exactly who is legally responsible for painting, structural repairs, and routine maintenance, and how to safeguard your security deposit using a bulletproof LetOutAgree rental agreement.

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1. The Governing Law: Section 108(m) Transfer of Property Act

In Indian tenancy law, the rights and liabilities of landlords and tenants are fundamentally governed by Section 108 of the Transfer of Property Act, 1882 in the absence of a contract to the contrary. Specifically, Section 108 Clause (m) establishes the definitive statutory rule regarding property condition upon handover:

"The lessee is bound to keep, and on the termination of the lease to restore, the property in as good condition as it was in at the time when he was put in possession, reasonable wear and tear and irresistible force excepted..."

The words "reasonable wear and tear excepted" are the cornerstone of tenant protection in India. The statutory intent is clear: property owners receive monthly rent as economic consideration precisely because the property undergoes inevitable physical depreciation through human occupation. A tenant is not an insurer of the property and is legally immune from bearing the financial cost of natural aging, weather-induced fading, or ordinary residential usage.

2. Wear and Tear vs. Actionable Property Damage: The Complete Matrix

Disputes arise when landlords blur the line between inevitable deterioration and tenant-inflicted negligence. Indian consumer forums and civil courts draw a strict distinction between Reasonable Wear and Tear (landlord's cost) and Actionable Property Damage (tenant's liability):

3. The Model Tenancy Act (MTA) Division of Repair Duties

Under the Model Tenancy Act, 2021 (specifically the Second Schedule), the Central Government established an explicit, equitable statutory division of maintenance responsibilities between landlords and tenants:

A. Structural & Periodic Maintenance (Landlord's Statutory Obligation)

• Whitewashing and Periodic Painting: External structural painting and periodic internal repainting of walls prior to a new lease.
• Structural Integrity: Remedying foundational cracks, roof terrace water leakages, and external facade seepage.
• Main Utilities: Replacing corroded internal plumbing concealed inside walls, repairing electrical short circuits in main Distribution Boards (DBs), and maintaining overhead water tank pumps.

B. Day-to-Day Operational Maintenance (Tenant's Obligation)

• Minor Electricals: Replacing burned-out LED light bulbs, tube lights, and blown socket fuses.
• Minor Plumbing: Replacing worn tap washers, showerhead cleaning, and clearing kitchen sink p-traps clogged with food waste.
• Care of Fixtures: Maintaining kitchen cabinet hinges, curtain rods, and keeping exhaust fans clean from grease.

For more details on national tenancy legislation, read our full breakdown of the Model Tenancy Act Rules & State-Wise Adoption.

4. Can a Landlord Deduct 1 Month's Rent for Painting Automatically?

In cities like Bengaluru and Chennai, landlords often insert a standard boilerplate clause stating: "One month's rent shall be deducted from the security deposit towards painting and cleaning charges upon termination."

Is this clause enforceable in court?

1. The Legal Principle Against Unjust Enrichment: Under the Indian Contract Act, 1872 (Section 73 & 74), a compensation clause cannot serve as a penalty or a vehicle for "unjust enrichment". If a tenant pays ₹40,000 monthly rent, but actual touch-up painting of the 2BHK flat costs only ₹12,000, pocketing the remaining ₹28,000 without actual expenditure is illegal.
2. Mandatory Production of Itemized GST Invoices: Landlords are legally required to furnish authentic contractor bills or painter estimates before making deductions from the security deposit. An arbitrary deduction without supporting receipts constitutes "deficiency of service" under the Consumer Protection Act, 2019.
3. Length of Tenancy Consideration: If a tenant occupies a property for 3 or more years, interior paint naturally exhausts its useful economic lifespan (standard acrylic emulsion lasts 3 to 4 years). Under Indian judicial precedents, repainting after a long tenancy is entirely the property owner's capital expense to prepare the property for the next tenant.

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5. The Four Golden Clauses Every Tenant & Landlord Must Include

To eliminate move-out disputes entirely, ensure your rental agreement drafted on LetOutAgree incorporates these four precise legal covenants:

1. Express Normal Wear and Tear Exclusion Clause:
   "The Tenant shall deliver vacant possession of the Demised Premises in as good condition as received, reasonable wear and tear, natural aging, and atmospheric effects excepted. The Tenant shall not be held liable for standard paint fading, minor scuffs, or reasonable pinholes from picture hooks."
2. Move-In & Move-Out Joint Photographic Inspection Protocol:
   Mandate an itemized move-in fixture checklist accompanied by dated high-resolution photographs or video recordings. Both parties sign the checklist on day one, establishing an indisputable baseline for the premises' condition.
3. Pro-Rata Painting Deduction Cap:
   If a painting deduction clause is mutually agreed upon, specify that deductions must be based on actual contractor GST invoices, capped at a maximum ceiling (e.g., not exceeding 30% of one month's rent), and completely waived if the tenancy exceeds 24 months.
4. Strict 15-to-30 Day Security Deposit Refund Guarantee:
   Stipulate that the interest-free refundable deposit must be returned via electronic bank transfer within 15 to 30 days of key handover, with a penal interest of 12% to 18% per annum for unlawful delays.

For a complete clause-by-clause review, read our 15 Crucial Rental Agreement Clauses Checklist.

6. Step-by-Step Legal Recourse if Your Deposit Is Unlawfully Deducted

If your landlord refuses to refund your security deposit or makes deductions for routine painting without justification, take these legal steps:

1. Send a Written Demand Notice with Evidence: Send a formal email or registered letter referencing Section 108(m) of the Transfer of Property Act, your move-in inspection photographs, and demand an itemized invoice within 7 days.
2. Issue a Legal Notice Through an Advocate: If the landlord remains uncooperative, have a civil advocate issue a formal 15-day Legal Notice demanding the immediate refund of the withheld deposit along with statutory interest. Most landlords settle immediately upon receiving a legal notice to avoid litigation costs.
3. Approach the District Consumer Forum (DCDRC): File a complaint before the District Consumer Disputes Redressal Commission for "deficiency in service" and "unfair trade practice". Consumer courts have awarded full deposit refunds along with mental agony damages against defaulting landlords.
4. File Before the Rent Authority: In states that have notified the Model Tenancy Act, submit an application before the local Rent Authority / Rent Court for summary adjudication.

For an exhaustive walkthrough on recovering withheld deposits, read our dedicated legal action guide: Landlord Not Returning Security Deposit? Legal Remedies & Notice Guide, and ensure your agreement is executed on authentic e-Stamp Paper.