Landlord or Tenant: Who Must Paint a Rental Home in India?

You move into a flat in Mumbai—fresh paint everywhere, the walls looking sharp. Fast forward two years later, and the beige is now a weary yellow, scuffed from bags, children’s art projects, and maybe your pet cat’s questionable taste in wall décor. You know the house needs a bit of love, but here’s the kicker: should you, as the tenant, pay for repainting, or is the landlord supposed to take care of it? This confusion stumps a lot of people renting homes in India. Suddenly, everyone’s got an opinion. And when that rental agreement is just a download off the internet, things get even muddier.

Painting and Indian Rental Law: Who Really Pays?

Ask ten people in India about painting a rental property, and you’ll likely get fifteen different answers. The law itself? It’s oddly quiet about paint. The Transfer of Property Act, 1882, lays down many tenant-landlord rules, but there’s nothing direct on painting. So, how has the system worked itself out?

The short answer is: it usually depends on the rental agreement. If you’re signing a new lease, flip through the fine print. In most urban areas and big cities, the trend is this: landlords freshen up the paint at the start of a new rental. If you walk into a home with patchy, flaky paint, you won’t want to rent there. Landlords know this. But after that, it’s rarely straightforward. Rental agreements often have a line or two that either says the tenant is responsible for “keeping the premises in good condition” or, more specifically, the tenant must repaint at the end of tenancy if the walls need it—normal wear and tear excepted.

Where does the law step in? According to Section 108 of the Transfer of Property Act, a tenant must return the property in essentially the same condition as they received it, barring fair wear and tear. But what qualifies as ‘fair’ is open to debate. If you hung a few paintings and left tiny holes, that’s one thing. If your kids went full Picasso with crayons, the landlord might ask for repainting. But, fading or minor blemishes from just living—these are typically the landlord’s domain, unless you agreed otherwise.

Common Practices and Surprising Regional Differences

Peel back the curtain, and the answer is rarely black or white. In the heart of Delhi, tenants usually get a freshly painted apartment and, when they move out, must return it in a similar condition. But, in smaller cities or tier-2 towns, this isn’t always the rule. Some landlords rent out homes “as is,” especially in tight markets where finding a tenant is tricky. Those places, you might not see paint for years apart from when you move in—no questions asked on moving out, either, unless there’s real damage.

Now, in the south, say Bengaluru or Chennai, it’s pretty common to write into the agreement that tenants will pay for repainting when they leave. Even techies bicker about paint bills as a rite of passage when shifting apartments. In Pune and Mumbai, agreements often split the cost if significant painting is required mid-lease. Why the difference? Cities have their own rental customs, shaped by housing shortages, types of tenants (are they families, students, working professionals?), and good old negotiation between landlord and tenant.

Here’s a painting responsibility India fact: A 2023 survey by the National Real Estate Council showed about 60% of city rental agreements in India require tenants to repaint at the end of tenancy if the walls suffered noticeable wear beyond normal usage.

Many NRIs renting out property in India believe tenants should always pay for fresh paint on moving out. But if the agreement is silent, courts usually side with tenants as long as the walls just show average use and not outright neglect.

Telltale Signs: Normal Wear and Tear vs. Tenant Damage

Let’s get specific. What goes under fair wear and tear? Think faded or dull paint, a scratch here and there, maybe a slight grease mark where the light switches are. Stuff that comes just from living a regular life. Indian summers don’t help the cause—paint yellows, patches from moisture or humidity appear, and sometimes there’s dust build-up that you just can’t fight.

Now, deliberate or unintended damage is different—broken chunks of plaster, deep stains from accident spills, writing on walls that’s more mural than mishap, holes big enough for a mouse to hide. If you leave behind walls like that, be ready for a repainting bill.

Landlords often take pictures at handover—some even shoot video walkthroughs. Come to the end of tenancy, and both parties walk through the place, comparing before-and-after shots. If you’ve stuck to normal living, you’re likely fine. A few nail holes or minor stains? Usually handled with a bit of wall putty. But if fresh painting is clearly needed due to unusual marks, tenants can expect deductions from their deposit.

Not sure? Here’s a handy test:

• If the wall just looks old: usually landlord’s job.
• If the wall is damaged, colored, or scarred: likely tenant’s responsibility, unless specified otherwise.

Neither side should skimp on communication. I’ve heard stories of landlords trying to claim an entire year’s rent from the deposit over paint, only for tenants to pull out their original photos as proof. Sometimes, just showing you did regular cleaning tips the scale in your favor.

Tips for Tenants and Landlords: How to Avoid Paint Problems

If you’re a tenant, think ahead:

• Always document the walls—photos, videos, or even a quick walkaround with the landlord. Timestamp those files.
• Before moving in, get the painting policy in writing. Who paints at move-in? What’s expected at move-out? No room for ‘he said, she said’ drama.
• If you want to decorate, check if you’re allowed to use wallpaper or non-standard colors. Some landlords don’t care, others get furious.
• Keep the basics clean—scrubbing away scuffs or handprints takes minutes and saves headaches.

And for landlords:

• Set clear expectations from day one. A proper written agreement is worth its weight in paint cans.
• Use neutral colors at handover—tenants rarely match the landlord’s wild choices if repainting, which can spark unnecessary fights.
• Remember, if you expect tenants to pay for painting at the end, freshen up the paint before they move in—it’s only fair.

For both, agree on a reliable painter or a fair cost estimate. Getting three quotes can stop a squabble in its tracks—nobody feels short-changed when the numbers are clear. Avoid handshake deals, which vanish faster than cheap whitewash on a humid Mumbai monsoon day.

If a disagreement blows up, the law backs reason. Indian courts rarely rule against tenants for honest signs of use, but they don’t tolerate outright neglect. Small claims tribunals and consumer courts see tons of cases like this every month, and the judge’s first question? 'What did your written agreement say?'

So, if you’re about to sign or end a tenancy, pay attention to the paint—because nobody wants lingering drama sticking to the walls once you've moved on.