You just moved into your new place and it’s perfect … except for one thing. The walls are this awful drab ivory color. It reminds you of a prison or maybe a retirement home. Plus, you can tell the paint’s been there awhile.
You’d really like to liven up the place and get some color on the walls, but what if the landlord says no?
Here with some of the questions I am most frequently asked:
Q: Can I paint if I am told that painting is not allowed?
A: Yes, you can paint, even though the landlord says you cannot. But there may be a price to pay in the future.
Q: Like what kind of price?
A: Well, at the very least, your lease agreement says clearly that you agree to return the property to the landlord at the conclusion of the lease in the same condition in which you received it, normal wear and tear excepted.
Q: What does that mean?
A: It means that the landlord has the right to expect that the walls will be the same color when you leave as they were when you moved in.
Q: And if they are not?
A: Then the landlord usually has the right to repaint the walls which you painted to any color he chooses, including military off white, and make you pay for it.
Q: Wait a minute. You just said that under the lease, one of the exceptions was “ordinary wear and tear.” Right?
A: That’s right.
Q: So, isn’t it ordinary to paint walls from time to time, and don’t you normally get to choose the color?
A: Yes, the property typically needs to be painted from time to time, but the decision on when to do that and what color rests with the landlord, not with the renter.
Q: But what if I choose a lovely pastel blue for the living room, and a really pleasant creamy yellow for the kitchen? I am really good at picking popular colors.
A: From the landlord’s perspective, the color you choose is not relevant. The fact is that you agreed to return the property in the same condition it was on the day you moved in, and now it is different.
Q: How can I get around this?
A: Read your lease. Then ask permission to paint. If your landlord says yes, get it in writing. If he says no, understand that you will either have to repaint when you move out or pay the cost of having it repainted.
If you’re using a pastel paint, it may not be a big deal. But if you’re going with a bold red or a forest green, know that it’ll take several coats of that pale color to cover up the darker one later on — and paint ain’t cheap.
Q: If I am OK with losing my security deposit, then is it OK?
A: No, you are still legally responsible for any damage done to the property, and what you have done is considered damage under the lease. If your security deposit fails to cover the full cost of the damage, then the landlord can sue you for the difference beyond your security deposit. That could ruin your credit.
One more thought: something unexpected might happen that prompts you to move sooner than you expected. In an emergency, you don’t want to be stuck with that added responsibility — and if it’s a financial emergency that necessitates your departure, you’re going to want to get as much of your security deposit back as possible.
If you decide you want to paint anyway, know that there are consequences.
If you have an awesome landlord, you may be able to sit down and agree on a neutral color that’s not quite as barren.Once you’ve had your discussion, ask for a note or a letter saying you have approval to paint and agree to repaint it to the original color before you leave. And scan that note and send yourself a copy by email. That way you can’t lose it.
Bottom line, discuss remodeling plans before you sign the lease or be prepared to forever hold your peace. If you want full control over your living quarters, buy your own house.
Atlanta native John Adams is a broker, broadcaster, and writer who owns and manages residential real estate in Georgia. He answers any and all real estate questions on his award winning radio show every Sunday at 11 a.m. on WGKA 920am. You can contact John through his website at Money99.com.
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