Should Landlords Allow Tenants to Paint Rentals?

By Helene Lesel

Q: My new tenant thinks white is bland and wants to paint a few walls a different shade. Any suggestions?

A: Several elements can get into the "paint mix" between landlords and tenants. Some view creative painting as a positive improvement, others forbid tenants from wielding a paintbrush. Both have pros and cons.

For example, I recently visited a place where the landlord allowed tenant paint creativity, including a faux suede wall in the living room (textured paint) that looked fabulous. The landlord simply required new tenants to accept the place "as is." Some landlords enjoy having unique and creative property.

Other landlords find an artistic bent unsettling. Finding a new tenant who wants a place that's unusual may be more time consuming. Another aspect is letting the tenant work in the unit at all. Most paint jobs require a ladder, which needs to be climbed. What if the tenant slips and falls? What if the paint slips and falls?

Some landlords don't appreciate layers of paint to build up, or worry the wrong type will be applied. Wood surfaces, kitchens and bath favor enamel or oil-based paints, while flat areas are content with water-based. Certain water-based paints peel off surfaces unless professionally prepared and applied.

Many properties often use one exact shade of white for all units, buying in bulk, and shudder at the thought of multi-hued walls to match. Even in white, there are dozens of shades available, ranging from Antique to Navajo to Eggshell. Patching is also a challenge in exotic hues - since matching is often a challenge.

As a result, many landlords just "say no" when asked by tenants to paint. Just in case, many leases contain a provision requiring tenants to "return the unit to the condition as when first rented," less "wear and tear," which many state laws provide for tenant protection.

What if they don't? Many landlords deduct the cost of repainting or restoring the premises, though laws in some areas, such as California, have shed new light on the use of security deposits for repairs. Itemized statements, including work performed, time spent and hourly rate charged, may be required to be submitted along with the security deposit letter. If the landlord or his/her employees performed the work, the hourly rate must be considered reasonable.

As for allowing the creative juices to flow, decide which path you prefer, and work out an arrangement that satisfies both, preferably before the tenant moves in. Get all details in writing, including precise color, type, areas of application, cost and agreed-upon condition at move-out.

Copyright 2005-2006 Helene Lesel. Distributed by Inman News.

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