What defines “reasonable wear and tear” in a residential lease?
I recently moved out of a house that I have been leasing for 3 1/2 years. The landlord is now telling me that painting all of the interior walls is part of the conditions for reclaiming my security deposit, because my wife and I are smokers. This was known to him at the time we signed the lease, and there is no mention of it in the lease.
My opinion is that it is part of reasonable wear and tear. Every place I have ever rented in the past, the landlord has come in behind me and repainted the entire house/apartment before re-renting it.
Who is correct here?