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Painting walls

I have a tenant that moved out, he patched all the holes in the walls but did not paint, can I take the painting out of his security. I am located up state New York.
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Normal wear and tear is such a questionable term for landlords. I would consider normal wear and tear a few nail holes in the walls or handprints on walls... If it is a LARGE hole that they had to patch up that is missing paint, I wouldn't consider it wear and tear. Some also consider normal wear and tear actions a landlord can fix himself. So painting would be included in this. It is really up to you. I am guessing they patched up the holes in the wall so you would return the full security deposit.
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