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SChi25
Can our landlords make us paint it back?
I just posted a similar question regarding our old apartment, now onto one regarding our new one:

In the lease to our new apartment, it states we may paint the walls as we wish, with the approval of our landlords (which we got). Nowhere does it say that we have to paint them back when we leave. We just received the "walk through" list from our landlord, which asks us to paint the walls back to neutral, in addition to the other quirks about the place. We've been tenants for about two weeks now and have since painted the walls. When we rented the place, the walls were really dark reds and greens that took a lot of primer to cover.

Is it fair for the landlords to request us to paint the walls back to neutral when it wasn't written in the lease, nor was it discussed during the walk-through or before we painted with the approved colors?

We wrote our landlord back stating our case, and I don't forsee them having a huge issue with it, but in case they do, I'd like to know how to respond.
Additional Details
I think a lot of you aren't understanding that the "original condition" of the apartment had walls that were red and green. They're suggesting to add to our lease after the fact that they want them neutral. Original condition would be back to red or green, and this is coming to us after we've been here for two weeks and after we signed the original lease, which does not mention repainting the walls once we've painted them.

We also have pictures of the original walls.
                     
 




bull_rooster_aardvark
If the lease states you can paint them and you are still living there, then you have abided by the lease. You may have to paint them back (to their original colors, not neutral) when you leave but they can't make you paint them while you are there.

Sounds like bad communication between the manager and owner to me. Shouldn't be an issue with the owner, but if it is just say you have followed the lease explicitly and they have no gorunds to make you paint the walls another color (and certainly no grounds at all to make you paint them a different color from what they were originally).


Lady Loves Outdoors
commenting in parts to ur question:

1. In the lease to our new apartment, it states we may paint the walls as we wish, with the approval of our landlords (which we got). Nowhere does it say that we have to paint them back when we leave. ok - then you don't - plain and simple- the lease is ur "signed agreement" regardless to what the landlord submits to you in writing after the fact. BUT - u were smart in writing to the landlord in regards to ur disagreeing to that paper - "walk through" list - as had u not responded in writing saying u do NOT agree - the landlord may hold legal standing to naturally assume it is an agreement between you due to the fact that u did not respond. (this i do not know for sure - i am no lawyer- but i have worked in property management) as i understand "unless" that "walk-through list" was attached to the lease as a "agreed addendum" it holds no value. They, the landlord went wrong in not developing a new lease to match what it is they are attempting to hold ground in now "after the fact" and it is wise of you to be responding to it. Diffferent states have varying laws on this as I understand.


2. When we rented the place, the walls were really dark reds and greens that took a lot of primer to cover.

Is it fair for the landlords to request us to paint the walls back to neutral when it wasn't written in the lease, nor was it discussed during the walk-through or before we painted with the approved colors?

If it were me i would have included in my letter a "billing" for the hours i worked painting the apartment and also the cost of the paint. Stating the walls were not a color i liked when i moved in, nor were they painted "neutral". Therefore either we agree that you owe us (me) for our labor ( x amount of hours at (look up what a painter makes in your area per hour - chances are it's around $10.00 or more an hour for a labor painter) and paint ( state the cost of the paint and enclose a copy of the receipt) and if so, then we (i) agree to paint the walls "back" to the color you have requested us to in the "walk-through" list you submitted "after" the lease was signed, which we understand to be the color of "neutral", before we move out.

A letter something like this perhaps :

Please note, in subject to the walls and painting - as you know the lease says "may be painted as we wish with the approval of the landlord". As we obtained that approval to paint the walls to the color we choose on _________(give the date).
If this is not what you are agreeing to and are refusing to pay for our labor and the paint, we choose to remain in agreement to the lease as it is written and to make no adjustments to that said lease. i,e, we do not agree to repaint the walls of the apartment prior to moving out.

If you are choosing to pay that which we have requested, please have payment in full paid by _____________ give 15 days - and if payment is not received we will determine this matter closed and will plan to do no painting to "neutral" when we move out nor will we be choosing to discuss this matter further outside of a court of law. Further, please be advised that we have been subjected to emotional stress that has produced a hardship upon us as a result of ur actions. Be advised if you choose to withhold our secuirty deposit on the issue of "painting", we will choose ourselves to take this matter to court. In that case please be advised that we fully plan to request reimbursement for any and all loss of wages your actions have caused as well as recovery from the stress and emotional pains we have been forced to edure as a result of ur actions and your choice to place these non-agreed demands upon us "after the fact".

sounds a little strong maybe - but i get upset when i hear of people being pushed around .. especially when it involves landlords


darx07
Rating
your contract will determine the issue. if it says they can ask you to change the color back, then you will have to. if it says you can change it with their approval, then you don't have to repaint.

in court whatever is in writing holds up. your only problem might be providing proof that your landlord gave you the approval to paint the walls. unless of course you have it in writing w/ the landlords signature.


â—‹ Mer De Noms â—‹
Rating
The house to be in the same condition as stated in the original condition report. So they could take it to the tribunal, because it is in the lease to abide by condtion report


Swanky
it's usually assumed they must go back to neutral before you leave. i would ask the landlord now or they may charge you once you move out to repaint them


Cristina V
Rating
If the walk through says "paint the walls back to NEUTRAL" as you said, it sounds as if you don't have a thing to worry about it. You painted them NEUTRAL from the original red and green, right?


Rina
Well was it in ur rental agreement that u must give back the apt in the same condition as it was when u received it? If that is the case, then yes. Lets say the color is pink, now u move out, if your rental agreement states it must be giving back in the same condition that it was in when u received it and you don't then they have the right to take it out of your deposit. As a landlord, I suggest you just paint it back as it was. Also, u mentioned that it had "red, green" colors. Next time you move in somewhere and do a walk thru have a camera or video recorder. It's called CYA.


Emerald
if you don't they will probably take it out of your security deposit when you leave or even charge you extra. I would definitely ask them about it.


Gwen H
Rating
I think they can make u do it. Even though its not fair bc u have to leave the apartment the way it was when u got there.


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