When is the landlord responsible for Painting?

[mikehende]

Hello all, I'm in NY and would like to know from the Housing Code what the law says on this please.

Judge Marilyn said on one of her cases that she "doesn't know where people get the idea that a landlord is obligated to provide a freshly painted apartment for a new tenant", that is not the law. A landlord can do this as a courtesy or incentive to rent the apartment but is not bound by any law.'

My question is regarding, during the course of the tenancy, should a tenant desire to have the apartment freshly painted, is this the tenants responsibility or the landlord's please? One person told me a landlord needs to repaint every 5 years, one other source showed only if a wall is damaged then the landlord needs to repair that wall and repaint so what is the actual law on this?

 

[xylene]

Paint need not be fresh at the start of tenancy.

Landlord is under no obligation to paint during a tenancy unless the paint has become a habitability issue.

Landlords DO NOT have to allow tenants to paint and can forbid painting and can sue for damages if a tenant paints.

A tenant who wants to paint needs to get the landlord to agree. They should get this in writing and keep that agreement safe until the end of tenacy and some time after. A landlord with a brain would insist on pro painters and inspection of the work when done.

 

[NeilTheCop]

You will probably find that interior painting is decorative only, not structural, so there would be no requirement for the landlord to re-paint.
The only possible exception is if the paint is really old and tests positive for being lead based.

 

[mikehende]

Got it guys, thanks for clarifying and Happy holidays!

 

[FarmerJ]

In older properties that have been painted (older meaning before Latex paints became more common -before 1976? ) their is good odds that lead based paints were used But that alone doesn't mean that a rental must be repainted BUT when the paint has had damage or peeled then it should be repainted, Ive seen tenants go 10 years and more on one paint job only because the LL refused to repaint until a unit was vacant. Paint is a cosmetic issue that can be negotiated in writing.

 

[xylene]

2 part Addendum:

A landlord with a brain would insist on licensed and insured pro-painters of their choice, selection of color, final icpection sign off with a right to revision at tenant expense, and up front payment for the full estimate, if he was foolish enough to agree to it at all. Obviously higher priced units would be another story where tenants would expect to decorate to their taste.

Peeling paint and wall treatments can certainly be a habitability issue if the paint is decay enough to not be cleanable and is a sanitary issue - especially kitchen and baths. Severely peeling paint and/or decayed wall paper can provide uncleanable harborages for pests, especially roaches and bedbugs - again a habitability issue.

 

[stevensdler]

I think there is no fixed timescale in which you should redecorate your rental property. However, many landlords choose to redecorate around once every five years, and generally at the end of long tenancies.

 

[NeilTheCop]

2 part Addendum:

A landlord with a brain would insist on licensed and insured pro-painters of their choice, selection of color, final icpection sign off with a right to revision at tenant expense, and up front payment for the full estimate, if he was foolish enough to agree to it at all. Obviously higher priced units would be another story where tenants would expect to decorate to their taste.

Peeling paint and wall treatments can certainly be a habitability issue if the paint is decay enough to not be cleanable and is a sanitary issue - especially kitchen and baths. Severely peeling paint and/or decayed wall paper can provide uncleanable harborages for pests, especially roaches and bedbugs - again a habitability issue.

If the paint is peeling the root cause of the peeling may be an issue, such as damp or mold.

 

[xylene]

If the paint is peeling the root cause of the peeling may be an issue, such as damp or mold.

Or poorly prepared substrate, painting in high humidity and/or low temperatures, incomparable materials. I've seen a coat of paint look great for like 3 years and then suddenly start to slide off between layers. Too many coats of paint without stripping - very common in apartmens - that's another big source of failure.

 

[FarmerJ]

For years I used TSP solution to wash walls before painting especially when its was semi gloss in kitchens and bathrooms since it also seemed to help get the paint to stick better But I would guess if TSP weren't available or banned in a certain area then drywall sanding screen or sand paper in a electric sander and make quick passes over the painted surface to rough it up , I suppose too poor prep when painters have gone back and forth from latex to oil could cause problems, BUT again Id be more worried about older paint jobs that had lead based paints used , house I grew up in was built in 55 , fair odds there was at least one coat of paint that had lead in it. My second apartment as a renter built in 1882 and even though I had scraped and painted the exterior windows there must have been some lead there , the second tenant after I had moved into my first house had a child tested and they blamed the apartment even though like I said I had scrapped the outsides and repainted them ( 6 giant double hung windows ) the first house I had bought was built in 1898 , better odds that lead based paints were used and same with the 4plex which was built in 1910, the house I live in now is 118 years old but has little of the original wood work left but again id bet there was lead based paint used on that wood. ( any way I have work to night so its bed time )