Painting Clause in Rental Agreement: Sample Clauses for Owners & Tenants

Description: Should a tenant repaint the property before vacating? Learn how to write a clear painting clause in a Maharashtra Rent Agreement, with sample clauses covering wall damage, drilling, stains, normal wear and tear, painting deductions and property handover.

Painting Clause in a Rental Agreement: Why It Should Be Clear Before the Tenant Moves In

Painting is one of the most common causes of disagreement between a Property Owner and Tenant at the time of vacating.

The Owner may say:

“The flat was freshly painted when possession was given, so it must be freshly painted again.”

The Tenant may respond:

“I have used the property normally. Why should I pay for complete repainting?”

Both sides may genuinely believe they are right.

The problem usually begins because the Rent Agreement simply says nothing—or contains a vague line such as:

“Painting charges will be deducted from deposit.”

But how much?

Under what circumstances?

Does normal fading count?

What about nail holes?

What if only one wall is damaged?

Who decides the cost?

A properly drafted Painting Clause can answer these questions before they become a deposit-refund dispute.

Is Painting Automatically the Tenant's Responsibility?

Not necessarily.

A Tenant should not automatically assume:

“Painting is always the Owner's responsibility.”

And an Owner should not automatically assume:

“Every Tenant must repaint the entire flat before leaving.”

The better approach is to specifically agree on the responsibility and put it in the Rent Agreement.

A balanced clause should distinguish between:

Normal Wear and Tear and Damage Caused by the Tenant

These are not necessarily the same thing.

What Is Normal Wear and Tear?

During normal occupancy, some deterioration is expected.

Examples may include:

• Slight fading of wall paint
• Minor ageing
• Normal marks from ordinary use
• Natural discoloration over time
• Paint becoming slightly dull
• Minor signs of normal occupation

If a Tenant stays in a property for a substantial period, the property will naturally not look exactly as it did on Day 1.

That is different from actual damage.

What May Be Considered Tenant-Caused Wall Damage?

Depending on the agreement and circumstances, examples may include:

• Large holes drilled into walls
• Excessive nail holes
• Stickers that damage paint
• Adhesive tape pulling off paint
• Permanent marker marks
• Crayon marks
• Heavy stains
• Unauthorized wall colour changes
• Wallpaper installed without permission
• Damage caused while mounting television units
• Unauthorized fixtures
• Damage from negligence

These are the types of issues a Painting Clause should address clearly.

Why “Tenant Must Paint the Entire Property” Can Create Problems

Suppose an agreement says:

Tenant shall paint the entire property while vacating.

The Tenant occupies the property for only 8 months.

The walls remain in excellent condition.

Only two small nail holes exist.

Should the Tenant still pay ₹30,000–₹50,000 for complete repainting?

That is exactly the type of dispute a more specific clause can avoid.

Instead of automatically requiring full repainting, the parties can agree that the Tenant will restore damage caused beyond normal wear and tear.

Sample Painting Clause – Balanced Version

Here is a practical sample clause:

The Licensee shall maintain the walls and painted surfaces of the premises in reasonable condition. Normal wear and tear due to ordinary use shall be accepted. Any excessive stains, unauthorized painting, drilling, stickers, large holes or damage caused by the Licensee shall be restored before handing over possession. If such restoration is not completed, the reasonable actual cost of repair/painting may be adjusted from the refundable security deposit after inspection.

This is generally more balanced than saying:

“Tenant shall repaint entire property.”

Sample Painting Clause – Owner Gives Freshly Painted Property

Where the Owner is handing over a newly painted apartment, the clause may say:

The premises are handed over in freshly painted condition. At the time of vacating, the Licensee shall return the walls in reasonable condition subject to normal wear and tear. Damage due to drilling, stickers, stains, unauthorized painting or negligence shall be restored by the Licensee. Where substantial repainting is required solely because of such damage, the reasonable cost may be adjusted from the security deposit.

This records that the property was freshly painted without automatically making the Tenant liable for total repainting regardless of condition.

Sample Clause – Tenant Must Professionally Repaint

Sometimes both parties genuinely agree that the Tenant will repaint before vacating.

If that is the commercial arrangement, state it clearly.

For example:

The Licensee agrees to arrange professional repainting of the premises in the same or mutually approved colour before handing over vacant possession. If repainting is not completed, the mutually agreed or reasonable actual painting cost may be deducted from the refundable security deposit.

This is significantly clearer than adding only:

Painting charges applicable.

Sample Clause – Fixed Painting Deduction

Some parties prefer to agree on a fixed amount from the beginning.

Example:

At the time of vacating, ₹15,000 shall be deducted from the refundable security deposit towards agreed painting/restoration charges, irrespective of whether the Licensee arranges painting separately.

If a fixed deduction is intended, write the exact figure.

Do not wait until move-out to tell the Tenant:

“Painting will cost ₹25,000.”

when no amount was agreed earlier.

Is a Fixed Painting Deduction Better?

It has one advantage:

Predictability.

The Tenant knows from Day 1 how much will be deducted.

The Owner does not need to negotiate painting expenses at the end.

However, both parties should consciously agree to it because a fixed deduction may still apply even if the property remains in very good condition, depending on the clause wording.

Sample Clause – Actual Painting Cost Only

Another approach is:

No fixed painting amount shall be deducted. Where repainting or wall restoration becomes necessary due to damage beyond normal wear and tear caused during the Licensee's occupation, only the reasonable actual cost of such work shall be adjusted from the refundable security deposit.

This may be preferable where the parties want the actual condition of the property to determine the deduction.

Sample Clause – No Painting Deduction for Normal Use

Tenant-friendly wording can say:

No painting charge shall be deducted merely due to normal ageing, fading or ordinary wear and tear. The Licensee shall, however, be responsible for reasonable restoration costs arising from unauthorized wall colour changes, large drilling holes, excessive stains, stickers or other damage caused during occupancy.

This gives the Tenant clear protection while still protecting the property Owner.

Sample Clause – No Drilling

For premium or newly finished properties:

The Licensee shall not drill walls, install permanent fixtures, apply wallpaper, stickers or make alterations to painted surfaces without prior written consent of the Licensor. Any damage caused by unauthorized work shall be restored at the Licensee's cost before handover.

This is particularly useful where:

• Walls have premium finishes
• Wallpapers are installed
• Decorative panels exist
• Concealed electrical/plumbing lines are present
• The property is newly constructed

Sample Clause – Limited Drilling Allowed

Some Owners do not want to prohibit every nail or wall fixture.

A more practical clause can state:

Reasonable installation of normal household fixtures may be permitted with prior consent. Large drilling, structural alterations, wall-mounted installations or permanent modifications require prior approval. Damage resulting from such installations shall be restored by the Licensee before vacating.

This avoids an unrealistic “no nail anywhere” rule.

Sample Clause – Painting + Professional Cleaning

Owners often want to combine both conditions.

For example:

Before handing over vacant possession, the Licensee shall return the premises professionally cleaned. Wall damage caused by excessive stains, drilling, stickers, unauthorized alteration or negligence shall be restored. Normal wear and tear shall not require complete repainting unless otherwise mutually agreed.

This is concise enough for many custom-clause situations.

Sample Clause – Painting + Deposit Refund

A very useful combined clause is:

The refundable security deposit shall be returned within 7 days after vacant possession, subject to settlement of unpaid rent, electricity/utility dues and agreed damage costs. Normal wear and tear shall not attract painting charges. Actual reasonable restoration/painting cost arising from drilling, stains, stickers, unauthorized painting or other Licensee-caused damage may be adjusted from the deposit.

This addresses both painting and the financial consequence.

Why Security Deposit and Painting Clauses Should Be Read Together

Painting often becomes a deposit issue rather than merely a maintenance issue.

Suppose:

Security Deposit: ₹1,00,000

At move-out the Owner claims:

Painting: ₹25,000
Cleaning: ₹5,000
Wall damage: ₹7,000

Tenant asks:

“Where did these amounts come from?”

A well-written agreement can state:

• What type of damage is chargeable
• Whether painting is mandatory
• Whether a fixed amount applies
• Whether actual bills will be considered
• Whether normal wear and tear is excluded

That is much better than arguing after possession has already been returned.

Take Property Photographs Before Handover

One of the simplest ways to support a Painting Clause is to document the property's condition.

Before the Tenant moves in, photograph:

• Living room walls
• Bedrooms
• Kitchen
• Bathrooms
• Doors
• Windows
• Ceiling
• Existing stains
• Existing holes
• Existing wall damage

A short video walkthrough can also be useful.

Both Owner and Tenant then have a common reference.

Add a Property-Condition Clause

A useful accompanying clause is:

The parties acknowledge the photographs/video recorded at the time of possession as a reference to the condition of the premises. The same may be considered during the final inspection while assessing damage beyond normal wear and tear.

This can significantly reduce arguments about whether damage existed before possession.

What If the Property Already Has Wall Damage?

Do not give possession and simply assume:

“Everyone knows that wall was already damaged.”

Photograph it.

Record it.

If necessary, mention it in the handover inventory.

Otherwise, months later neither party may remember exactly what condition existed.

What If the Tenant Changes the Wall Colour?

Suppose the property is originally white.

The Tenant paints one bedroom dark blue.

Even if the work itself is professionally done, the Owner may want the property restored to its original neutral colour.

The agreement can say:

The Licensee shall not change the colour or finish of painted surfaces without prior written approval. Any unauthorized colour change shall be restored to the original or mutually approved colour before handover.

What About Children's Drawings or Crayon Marks?

Families with young children may naturally worry about wall markings.

Again, the solution is not to create an unreasonable clause.

The agreement can simply say that excessive stains, permanent markings or damage beyond normal wear and tear must be restored.

That gives both sides a more objective standard.

What About Sticker Marks?

Decorative stickers can sometimes remove entire patches of paint.

If the Owner is concerned about this, mention:

Wall stickers or adhesive decorations likely to damage painted surfaces shall not be applied without prior consent.

Short and clear.

What About TV Mounting?

TV mounting is a common source of large drilling holes.

A practical clause can say:

Wall-mounted television brackets or other heavy fixtures require prior approval. Restoration of resulting holes/damage shall be completed before possession is returned.

Who Chooses the Painter?

If professional painting is compulsory, the agreement can clarify whether:

Tenant Chooses the Painter

subject to acceptable workmanship.

or

Owner Arranges Painting

and agreed cost is adjusted.

or

Both Obtain / Agree on a Quotation

This detail can prevent disagreement over an inflated painting estimate.

Sample Clause – Owner to Arrange Painting

Where repainting is required under this agreement, the Licensor may arrange the work after possession and adjust the reasonable actual cost from the deposit, with details of the deduction communicated to the Licensee.

Sample Clause – Tenant to Arrange Painting

Where repainting is required, the Licensee shall complete the work using a professional painter and return the walls in the original or mutually approved colour before handing over possession.

Sample Clause – Joint Inspection First

This may be the most practical approach:

The parties shall conduct a joint inspection before final handover. Painting/restoration requirements, if any, shall be identified during inspection. Normal wear and tear shall be excluded, while damage due to misuse, drilling, stickers, stains or unauthorized alterations shall be restored by the Licensee or adjusted at reasonable actual cost.

This gives both parties a chance to inspect together.

Complete Balanced Painting Clause Sample

For Owners and Tenants looking for a more comprehensive clause:

The premises are handed over in good painted condition. The Licensee shall maintain the painted surfaces reasonably during the agreement tenure. Normal fading, ageing and ordinary wear and tear shall not require complete repainting. Any damage caused due to excessive stains, large drilling holes, stickers, permanent markings, unauthorized painting, wallpaper, fixtures or negligence shall be restored by the Licensee before vacating. The parties shall inspect the premises at handover and identify restoration, if any. Where the Licensee does not complete agreed restoration, the reasonable actual cost may be deducted from the refundable security deposit.

This is a good starting point, but the final wording should match the actual agreement.

Compact Painting Clause for the Miscellaneous Section

In Maharashtra Leave & License workflows, custom Miscellaneous space may be limited.

So a shorter version may be more useful:

Licensee shall return painted surfaces in reasonable condition subject to normal wear and tear. Damage due to excessive stains, drilling, stickers, unauthorized painting/alterations or negligence shall be restored before handover. If not restored, reasonable actual painting/repair cost may be adjusted from the refundable deposit after inspection.

This saves characters while preserving the important meaning.

Ultra-Compact Version

Where character space is particularly valuable:

Normal wear and tear shall not attract painting charges. Wall damage due to stains, drilling, stickers, unauthorized colour change or alterations shall be restored by Licensee; failing which reasonable actual restoration cost may be deducted from deposit.

This can leave valuable Miscellaneous space for other custom clauses such as deposit refund, parking or key replacement.

Painting Clause for Leave & License 1.9

The 1.9 Miscellaneous field commonly provides limited custom-clause space, so don't use most of it on a long painting paragraph.

A practical combination could be:

Normal wear and tear shall not attract painting charges. Wall damage caused by drilling, stickers, stains or unauthorized alterations shall be restored by Licensee. Premises shall be professionally cleaned before handover. Final utility dues shall be cleared. Refundable deposit shall be returned within 7 days of vacant possession after agreed deductions.

One compact paragraph covers several high-priority move-out issues.

Painting Clause for Leave & License 2.0

Where more Miscellaneous character space is available, the clause can provide additional detail:

Licensee shall maintain walls and painted surfaces in reasonable condition. Normal ageing/fading and ordinary wear and tear shall not require repainting. Damage caused by excessive stains, drilling, stickers, permanent markings, unauthorized colour changes or alterations shall be restored before handover. Parties shall inspect the premises at vacating. If agreed restoration is not completed by Licensee, reasonable actual painting/repair cost may be adjusted from the refundable security deposit. Licensee shall also arrange professional cleaning and clear final electricity/utility dues before deposit settlement.

Again, use only the clauses actually relevant to the property.

Don't Copy a Painting Clause Blindly

A clause suitable for one property may be inappropriate for another.

Unfurnished 1BHK

May require only basic damage/restoration wording.

Premium Furnished 3BHK

May require wall protection, professional cleaning and furniture damage clauses.

Newly Renovated Property

May require stricter drilling and alteration conditions.

Family Tenant

May need practical wall-damage language.

Corporate Accommodation

May place responsibility directly on the company/licensee for damage caused by its occupants.

Customize the clause based on the real risk.

Common Painting-Clause Mistakes

Mistake 1 — “Painting charges as applicable”

Too vague.

Applicable according to whom?

Mistake 2 — “Tenant will pay painting.”

Does it mean:

• Complete painting?
• Touch-up?
• Damage restoration?
• Fixed amount?

Clarify it.

Mistake 3 — No Normal Wear and Tear Distinction

A Tenant may occupy a property responsibly for several years.

Normal deterioration should not automatically be confused with actual damage unless that is specifically what the parties have contracted for.

Mistake 4 — No Property Condition Record

A clause is much more useful when supported by possession photographs.

Mistake 5 — Owner Decides Any Amount

A clause such as:

“Owner may deduct any amount deemed appropriate”

can create disagreement.

A clearer approach is to refer to a fixed agreed amount or reasonable actual restoration cost, depending on the arrangement.

Mistake 6 — Contradicting Another Clause

One clause says:

Tenant pays complete painting.

Another says:

Tenant responsible only for damage.

Now which one applies?

Review the complete agreement before registration.

Painting and Normal Wear & Tear: Keep the Difference Clear

The most useful principle is:

Normal Use ≠ Damage

A good Painting Clause should clearly identify what the parties expect.

If complete professional repainting is mandatory regardless of condition, state that clearly.

If the Tenant is liable only for actual damage beyond normal wear and tear, state that instead.

Do not leave the expectation unstated.

Owner Checklist Before Giving Possession

Before handing over the keys:

• Photograph all walls
• Record existing stains/damage
• Confirm whether freshly painted
• Decide whether full repainting is mandatory
• Decide whether only damage restoration applies
• Clarify drilling
• Clarify wall colour changes
• Add the clause before registration
• Share the draft with the Tenant
• Keep possession photographs

Tenant Checklist Before Signing

Before accepting the Painting Clause:

• Is complete repainting compulsory?
• Is there a fixed deduction?
• What is considered damage?
• Is normal wear and tear excluded?
• Can you drill for curtains/TV?
• Can you use wall stickers?
• Can you repaint a room?
• Who selects the painter?
• Will actual bills be provided?
• Are existing wall defects documented?

Ask before signing—not when vacating.

Frequently Asked Questions

Is the Tenant required to paint the property before vacating?

It depends on the agreement and circumstances. Do not assume complete repainting is automatically required in every rental arrangement. If the parties want the Tenant to repaint, the agreement should clearly state that responsibility.

Can painting charges be deducted from the security deposit?

Where the agreement permits such deductions and painting/restoration is genuinely required under the agreed terms, the applicable cost may be adjusted from the deposit. The deduction mechanism should ideally be clearly documented.

What is normal wear and tear?

It generally refers to ordinary deterioration caused by normal use and ageing rather than damage caused by misuse or negligence. The precise assessment depends on the property condition and circumstances.

Can the Owner charge for nail holes?

The answer depends on the agreement and the extent of the damage. A few ordinary holes and substantial wall damage are not necessarily equivalent. A clear drilling/restoration clause is preferable.

Can the Tenant change the wall colour?

Only if the Owner permits it according to the agreed arrangement. If colour changes are restricted, state this in the agreement.

Should a fixed painting amount be mentioned?

If both parties agree to a predetermined painting deduction, stating the exact amount can reduce uncertainty later.

Can painting requirements be added in Miscellaneous Clauses?

Yes, painting/restoration requirements are a useful example of property-specific custom wording where the standard clauses do not adequately capture the parties' actual arrangement.

How eRent Agreement Can Help

A Painting Clause should not simply say:

“Painting charges applicable.”

It should explain what is expected and when.

With erentagreement.com, Owners and Tenants can get assistance with:

📝 Draft Review Before Registration

🎨 Painting & Wall Restoration Clauses

🧹 Professional Cleaning Conditions

💰 Security Deposit & Deduction Terms

🔨 Drilling / Alteration Conditions

🪑 Furniture & Inventory Clauses

🔑 Key / Access Card Conditions

⚙️ Custom Miscellaneous Clauses

🏠 Registered Leave & License Agreement Assistance

🖐️ Doorstep Biometric Coordination*

📧 Digital Agreement Delivery

🎁 FREE Virtual Consultation with a Practising Advocate worth ₹599* after successful agreement completion and during the agreement tenure, subject to applicable terms.

📞 Call / WhatsApp: 7378861163

🌐 www.erentagreement.com

Final Takeaway

Painting disputes usually happen because one side expected:

“Fresh paint at move-out.”

while the other expected:

“I only need to return the property without damage.”

Both expectations can be reasonable—but only one arrangement can govern the property.

So decide it before registration.

If complete repainting is compulsory:

Write it clearly.

If only damage restoration is required:

Write it clearly.

If a fixed painting deduction applies:

Mention the amount.

If normal wear and tear is excluded:

Say so explicitly.

And always document the property's condition at possession.

A good Painting Clause doesn't decide who is right after the dispute—it helps prevent the dispute from happening.

Disclaimer: This article provides general educational information and sample drafting only. Painting responsibility, deposit deductions and restoration obligations should reflect the actual agreement between the parties and applicable law. For disputed deductions or significant property-damage matters, consult a practising advocate.

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