Apartment and Rental Properties - Apartment needs painting

I just moved into a rental house this past weekend. It is beautiful, however after the previous tenant moved out, the landlord only partially cleaned it. We won't get into the issue that the previous tenant kept lots of birds and they defecated on every possible surface (the eye-level stuff was clean, but now I have to contend with all the ledges, door frames, windows, etc. that are up high) YUCK! :eek:

The paint on the walls is FILTHY. There is actually writing on the walls, ground in dirt, etc. I have checked into NJ landlord-tenant law and the only thing about paint I could find is that I must be guaranteed lead free paint on all walls. :wall:

I submitted a letter to the landlord stating that the place is filthy and needs to be repainted. I requested that he either have it done ASAP or submit an estimate from a painter to me and I will do it as long as he will deduct that amount from the rent.

Does anyone have experience with something like this? It is a private house, not a complex, but it is a rental. Should it be taken out of the previous tenant's security deposit, should it be the landlord's concern, or is this all my concern? It's really bad - embarrassingly filthy. I have documented it with photos as well.

Advice? Comments? Anything?

Thanks!

~Becca

Probably not worth the effort to fight it. However, address your concerns - in person if possible - to your Landlord. Quite often a face to face professional (cal, cool, collected - with the facts at hand) discussion will get the job done. If nothing else, it will let you know where you stand with your Landlord.

Worst case scenario is that you're out $50 for paint/supplies - and a few hours of your time.

Just my opinion....

Wow, thanks for the quick reply! I actually didn't realize it was in a smoking thread that turned into a paint discussion. :o

I had sent a letter with the rent check listing all broken items and problems upon move-in. I'm hoping the landlord will take me up on the trade-off of paint/labor for rent, at least partially. The more I think about it, the more I look forward to painting it my own way (it's a beautiful old Victorian home).

The aggravating thing right now is that I can't even paint due to all the bird droppings, which are very thick in some places. I don't think this should be my responsibility at all. I was pretty sick to my stomach just cleaning it all off the top of the refrigerator the other night. I guess I'll give him until Friday to do something about it, otherwise I wonder what recourse I can take? It's obviously a health hazard to move into a place filled with animal feces.

I'll be in the painting forums soon enough! ;)

~Becca

Bird droppings represent a health risk. Try to work this out peacefully with your landlord, but you can bring in the health department if you need more help.

I recently moved into a new rental. I spent a week scrubbing the walls, ceilings, baseboards, half bath, appliances and behind and underneath them. I hired a professional to steam clean the carpet and asked him to get his crew to do the upstairs walls, ceilings, baseboards, and bath. I was too exhausted to proceed further after getting the downstairs meticulous. I also had them clean the windows inside and out. It was $200 well spent, including carpet. The previous owners fed the outdoor birds, and birdseed was in every cabinet, in the carpet, and along the baseboards. I feared pantry pests, but have found none thusfar or any other bugs.

I once moved into a roach infested rental. I called the landlord who insisted there were no roaches. I immediately called an exterminator and maintained a contract for monthly interior and exterior treatments. The carpet had pet feces on it. When I called about that, I was told that they did not see any. Well, I paid to have the carpet steam cleaned and disinfected.

When I called the landlord to express my disappointment in the filth at this new rental, he stated that I did not have to take the property. I asked about paint. "You can paint it yourself, but you have to use SW Dover White." The landlord makes no interior improvements.

I met a gal who lived in the complex years ago. She said the first thing she did was to replace the carpet. Thank goodness, mine is clean, neutral, and not too overly worn and with minimal stains because I could not afford to. And, I have a large, colorful area rug to anchor the livingroom sitting area and to cover the carpet.

I have stripped the gross wallpaper off the downstairs bath and the contact paper off the kitchen walls. The fresh Dover White is on my to-do list.

You can complain about the conditions of your rental, but you will likely not get far with aesthetic issues. Plumbing and heating problems, leaks, or other mechanical problems will likely receive attention.

State codes for habitability tend to address issues that are a risk to safety, health, and property. Codes tend to vary among states. Check your state's codes for habitability to see if there is one that addresses painting as a requirement for habitability in rental properties.

Perhaps you can negotiate with landlord, explaining that you will paint if he furnishes the materials. Do not expect landlord to take anything off the rent, unless you negotiate that he at least take off the amount you spend on the paint and supplies (keep receipts) if he does not. If your landlord is like mine, you are own your own to provide the paint and labor, replace carpet and floor coverings, and to bring the rental to your personal level of expectations re: decor and cleanliness. It's not fair, but there are not many things that are.

I just moved into a rental house this past weekend.

Advice? Comments? Anything?



Was this a sight-unseen decision to rent this property? How is it that this issue was not a discussion prior to signing the lease?


Never mind, that is irrelevant now. If you want to destroy any chance of a reasonable relationship with your landlord you can go the Health Department route, but I would advise against it. Your best bet is a post move-in meeting with your landlord to discuss possible improvements to the property. Have your list ready, with estimated costs, and try to convey a sentiment that you want to increase the value of the landlords asset while making necessary repairs, and additional desired improvements even though they may not be necessary. Offer a reduced rent payment schedule for the repairs over not more than a year.

Keep on good terms with your landlord. It is a must if you want a long term residence.

Thank you everyone for your advice and replies!

I did see the apartment before renting it, however when he was showing it, the previous tenant was still occupying it. I actually had to do a lot of mental imagery manipulation because the woman had stuff EVERYWHERE. After she moved out, the landlord ended up in the hospital for a while and didn't have a lot of time to get the place completely clean. He did furnish a copy of the Inspection Report from Code Enforcement. I guess they didn't check on any of the higher surfaces. :rolleyes:

I sent a certified letter to him outlining all the problems, and I DID actually tell him that I look forward to helping get the apartment in pristine condition and helping him maintain his investment. These may have even been my exact words. :D

Last night I got home and my furniture was pushed into the center of the room, and the bird droppings had been cleaned off almost all the surfaces (the few that were missed weren't so bad, I can handle those).

So the question remains how he will respond to the issue of the painting. My friends locally keep saying that he is responsible for painting the place prior to move in, but I just can't find any legal statement backing this up.

The good thing is that there are no bugs. I've had my share of roach-infested apartments (I rented in NYC and New Orleans, let me tell you about bugs!) I'm glad I don't have to contend with that, and there isn't even a strip of carpet anywhere, it's all hardwood floors. I guess I could have just run a hose into the place and hosed it down from top to bottom. :p You've got some scary stories for sure, Twelvepole! Thanks for sharing! A little perspective always helps.

I'll keep you informed on developments. ;) And then maybe I'll do some "before and after" pictures!

~Becca

Congrats on the progress.... I would make it a point to speak to him in person now to thank him for following through on your concerns. The "in person" part will make for a much better relationship - certified letters indicate an adversarial relationship - talking face to face is much friendlier - and usually more effective.

Don't hose it down.
You may be sorry for doing that. Water will get under the hardwood flooring and it will buckle.

I too moved into an apartment of a former bird owner and can relate to your higher surface problem. It is terrific that your landlord took care of that problem so quickly. I agree that a thank you for that would be appropriate.

As for tha painting, a landlord has no legal obligation to paint the apartment for you. The only time it may become an issue is if the paint is peeling or chipping excessively in the apartment. In my state this is a possible health hazard do to the possibilty of lead paint in older homes. If the home has been lead abated then it isn't an issue. Any home built before 1970 has the possibilty of lead paint, the rubbing of these paint surfaces or peeling paint areas are areas that need to be addressed. But if your paint job is just dingy and intact, the landlord has no obligation to paint.

Unless you have been paid as a painter, it may be difficult to expect a landlord to pay you proessional painting rates to do your painting. If he is willing to pay for the materials that may be your best bet. If he waivers, sugeest that you paint one small area, or maybe an accent wall in a room. Get his permission for that and suggest he come and inspect your painting abilities. If he has been a landlord long he has probably experienced the dificulties od cleaning up after a teneant's bad paint job. Not that this would be your case.

Good luck with your communications.

Um, I guess I would ask why you rented it if this presents such a problem to you; surely your viewed/toured the house first? If you're not happy there renting the house AS IS (as you implicitly agreed to rent it when you signed), perhaps your landlord would agree to let you break the lease; ask...

I am a landlord of a duplex. I usually just have a off white paint job on all the walls of the apartments. I do that because it easier to match and in most cases I can paint or touch up without having to paint the whole place.
My lease always comes with a inspection sheet. It is your responsibility to inspect the apartment and bring issues to the landlord before signing the lease. The inspection requires the landlord to respond to the issues you have listed.
It does not require the landlord to fix those issues unless those issues are of safety or health issues. It is a record
for the landlord and tenant so that when the tenant decides to move that those issues cant be held agaist his deposit.
You really need to inspect closely the rental and bring issues to the landlord before you sign.