How often does the landlord have to paint the flat?

Question

José Manuel Alburquerque · Accepted Answer

No law sets how often a rented flat must be painted. The landlord has to carry out the repairs needed to keep the home habitable. Painting merely to freshen up its appearance is not one of them. The landlord does have to paint when it forms part of repairing damage not caused by the tenant, such as damp or a leak. When leaving, the tenant does not have to paint because of normal wear and tear either, but is liable for any damage beyond that wear and tear. During the tenancy The landlord has to paint when a repair that falls to the landlord requires it, for example after fixing damp, a leak or a pipe embedded in the wall, if the damage was not caused by the tenant. The landlord is not obliged to repaint purely for appearance, unless this has been agreed. If the damage to the paintwork was caused by the tenant or someone in the household, the repair falls to the tenant. In a temporary residential tenancy, which is one entered into for a specific reason such as a job transfer or a course of study, the upkeep of the home falls to the landlord even if the agreement says otherwise, including the minor repairs that the tenant pays for in a residential tenancy of a main home. This applies to agreements signed or renewed since 8 October 2026. In seasonal lettings signed before then, which keep their own rules until they end, minor repairs may still be for the tenant. At the end of the tenancy The tenant must return the flat as he or she received it, apart from whatever has deteriorated with the passage of time. That is why the tenant does not have to paint because of normal wear and tear, such as paint that has faded over the years. The tenant is, however, liable for anything beyond that wear and tear, such as smoke stains, drawings, knocks or walls painted a different colour without permission. The landlord can deduct the cost of repairing it from the statutory deposit (the “fianza”). Many tenancy agreements say that the tenant must paint the flat when leaving. Before signing, it is advisable for that clause to state clearly which rooms, what colour and in which cases. How to avoid disputes What helps both parties most is to take dated photos of every room at the start of the tenancy and attach them to the agreement. If the condition of the flat is not recorded at the start, the law presumes that the tenant received it in good condition, so it will be the tenant who has to prove that the paintwork was already in poor condition. When the tenant leaves, it is advisable to sign a document recording the condition of the home, which the law has required since 8 October 2026, at least in agreements signed or renewed since then. Without it, or if it does not record any damage, the flat is presumed to have been returned in good condition, unless the contrary is proved.