Q: I recently moved from my apartment after more than two years. The apartment was left in good shape and there is no excessive damage beyond ordinary wear and tear. The landlord called and said that they will return my deposit minus the costs for cleaning and painting. A friend of mine claims it is illegal to be charged for cleaning and painting since we rented for more than two years. Is this true?

A: Kellman - No. There is no such standard that shifts the burden of cleaning and painting to the landlord after a specific tenancy period. The general rule is that the longer you live in a place, the more it is expected that the landlords will have to paint at their own expense.

Two years is a reasonable period to expect the landlord to paint at their expense but it is not a specific law. Some landlords use a sliding scale and prorate the expenses based on the length of the tenancy. It is tough to get around the obligation of basic cleaning. Dirt knows no calendar. You should clean the place up before moving out. If something is stained due to age, wear or normal use, you should not be responsible for it.

Some worn-out items just cannot be made to look bright and shiny like new. Such conditions will actually require some level of repair or replacement of the worn item that should be paid for by the landlord if it was caused by normal use.

A:Griswold - Mr. Kellman is correct about the lack of any objective standard to determine exactly what constitutes damage beyond normal wear and tear. However, unless the quality of paint used in your rental unit is substandard, I disagree with Mr. Kellman about the reasonableness of having the landlords paint at their expense after only two years.

If your rental unit was completely painted upon your move-in and good quality materials and labor were used, the paint should last three to five years or even longer. And during your tenancy, even if the paint doesn't hold up well, remember that the owner is only required to address health and safety or habitability items, not cosmetic repairs. Generally, paint is considered to be cosmetic.

For purposes of determining the proper charge for your security deposit refund, the condition of the paint upon move-in, the length of your tenancy, and the number of occupants are all factors that must be considered by the owner.