Generally speaking, the cost of repainting a rented property depends on what caused the walls to deteriorate, or on any agreement made between the parties. The basic rule on who pays for painting in a rented home is based on normal deterioration over time.
- The landlord is responsible for ordinary wear and tear, such as yellowing walls or marks caused by structural damp.
- The tenant only has to pay for repairs when deterioration results from improper use of the property or their own negligence.
A specific written clause in the tenancy agreement may require the tenant to repaint before moving out, although without such an agreement, the tenant does not have to cover this work.
Is interior repainting the tenant’s responsibility?
When living in a rented property, one of the most common areas of disagreement between landlord and tenant concerns the condition of the walls.
To establish whether, and when, interior repainting is the tenant’s responsibility, it is necessary first to clarify a key principle of Italian law: the condition in which a rented flat should be handed over at the start of a tenancy.
By law, the landlord must provide the tenant with a property in good condition and fully usable. This will normally include clean walls without deterioration. During the tenancy, the division of painting costs varies considerably according to the reason the work is needed:
When the landlord pays: normal deterioration linked to the passage of time is always the landlord’s responsibility.
Light marks left behind pictures, slight shadows near radiators and the natural yellowing of paint due to sunlight all count as ordinary wear and tear. Rising damp or marks caused by structural problems in the building can never be charged to the tenant.
When the tenant pays: the tenant is only responsible for restoring the walls where damage results from neglect, carelessness or improper use of the property.
This includes heavily stained walls, scrapes caused by moving furniture recklessly, or excessive holes that have not been filled and made good when the property is returned.
Who is responsible for repainting under a tenancy agreement?
Under Italian law, general responsibility for repainting lies with the landlord (locatore). Article 1590 of the Italian Civil Code sets out a key principle: tenants must return a property in the same condition in which they received it, except for deterioration or consumption resulting from use of the property in accordance with the tenancy agreement. Ordinary wear on paint is therefore considered a cost already covered by the monthly rent.
In practice, however, many landlords include clauses in their tenancy agreements requiring the tenant to repaint the property before moving out. Italy’s higher courts have taken a clear position on the validity of such clauses.
The legal force of contractual clauses and Court of Cassation rulings
Many landlords believe that a signed tenancy agreement is enough to charge every restoration cost to the tenant. In reality, Court of Cassation case law has set clear limits designed to protect tenants.
In the well-known ruling no. 29329/2019, the Supreme Court held that a clause requiring the tenant to repaint the home before handing it back is invalid.
- The judges’ reasoning was straightforward: requiring the tenant to pay for normal wear and tear gives the landlord an unfair advantage, as the agreed rent is the sole payment for use of the property.
Other rulings concerning the rental deposit and repainting, including Court of Cassation ruling no. 11703 of 5 August 2002 and Pisa Court ruling no. 4357/2014, have repeatedly confirmed that a landlord cannot arbitrarily keep a security deposit to cover repainting costs. The exception is where the tenant has caused actual damage or both parties have signed a settlement agreement.
Application of these protections varies slightly according to the type of tenancy:
- Residential tenancies: tenant protection is at its strongest, and unfair clauses requiring restoration regardless of damage are regularly struck down by the courts.
- Commercial tenancies or free-market contracts: although the parties have greater freedom to negotiate, the prevailing case law tends to protect tenants from having to pay for ordinary wear and tear.
The tenant is therefore required to pay for repainting only where there is clear damage, such as extensive holes or damaged plaster, or unauthorised colour changes. This could include painting walls in very dark or unusual shades without the landlord’s approval.
Who paints a rented home?
Establishing who pays for painting a rented home is separate from deciding who carries out the work. In day-to-day tenancy arrangements, the practical side of the work depends on who wants to freshen up the property and why:
- The landlord is responsible for handing over the property in good condition and pays for repainting before a new tenant moves in or when structural faults need to be addressed.
- The tenant may choose to paint during the tenancy to personalise rooms or freshen up the space. In this case, written authorisation should be obtained in advance from the landlord to prevent later disputes over the colour or type of paint used.
- Where a building company or professional decorator is used, the invoice should be issued to the person who has financial responsibility under the law or any written agreement.
Points to watch
To avoid misunderstandings at the end of a tenancy, three good practices can help:
- Prepare a detailed handover record: at the start of the tenancy, it is useful to attach high-resolution photographs to the agreement showing the condition of each wall.
- Put repayment agreements in writing: if a tenant agrees to repaint a poorly maintained property, the landlord may agree to deduct the cost of materials from the monthly rent.
- Choose neutral colours: traditional shades such as white, cream or light grey make rooms easier to maintain and reduce the chance of having to restore the original colour before moving out.
Who pays for repainting in a rented home where there is mould?
Mould on walls is one of the more complicated and disputed issues in rental relationships. Responsibility for sanitising treatment and subsequent repainting depends entirely on the cause of the problem.
Italian law draws a clear distinction between issues inherent to the building and the tenant’s everyday habits.
When the landlord is responsible
The landlord must cover both remedial work and painting if mould results from structural or construction defects, including:
- Water infiltration: leaks from internal pipes, damage to the roof covering or problems with terraces.
- Insulation deficiencies: lack of external insulation, thermal bridges or rising damp from the foundations.
- Inadequate ventilation: no windows or no mechanical extraction systems in windowless rooms.
This principle is well supported by lower court decisions. Turin Court ruling no. 1618/2023 reaffirmed that mould linked to insulation defects is deterioration that cannot be attributed to the tenant, freeing them from any repainting costs at the end of the tenancy.
When the tenant is responsible
The cost of repainting falls on the tenant when mould growth results directly from negligent management of the property, for example:
- Failure to air rooms: not ventilating the property sufficiently, particularly after cooking, showering or drying laundry indoors.
- Poor furniture placement: placing large wardrobes directly against cold external walls, preventing proper air circulation.
- Failure to report the problem promptly: not informing the landlord when the first signs of damp appear, allowing the issue to spread across the room.
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