An Uninvited Paint Job May Get the Brushoff

Robert S. Griswold | Steven R. Kellman | Ted Smith
22-June-2003 Sunday

This column on issues confronting renters and landlords is written by Counselor of Real Estate and Certified Property Manager Robert Griswold, host of Real Estate Today! with Robert Griswold (10 a.m. Saturdays on News Radio 600 KOGO, or on the Internet at www.retodayradio.com), and by attorneys Steven R. Kellman, director of the Tenants' Legal Center, and Ted Smith, principal in a law firm representing landlords.

QUESTION: Is it OK to paint a unit, especially when the tenant supplies the paint and labor?

ANSWER: Property Manager Griswold: Not without the advance written permission of the owner. The landlord has a vested interest in making sure that the work and materials are of high quality. A sloppy paint job in a nontraditional color could lead to the landlord having to completely repaint the rental unit upon tenant turnover with the full charge being deducted from the tenant's security deposit.

Some dark paint colors could even require primer coats and two coats of paint thus increasing the cost significantly. As the tenant, I would strongly advise you to not paint unless you have the advance written permission of the landlord and let the landlord supply the paint and materials. Then the only concern will be the quality of your work and naturally you would be responsible for any damage.

Stranded

I live in a Section 8 seniors apartment. I live on the fourth floor and cannot walk. I use a wheelchair to get around, as most others do in my building. A few weeks ago the elevator in our building broke down and it was not fixed for over seven days, stranding all second, third and fourth-floor tenants who were in their apartments. Those residents who happened to be out of their apartment the day the elevator stopped working couldn't return for a week.

After having exhausted the city, state and even the ADA, all have said there is nothing that can be done. Someone on my floor called in a fire alarm last weekend, and I am being blamed. What recourse do I and others like me have?

Tenant's attorney Kellman: Elevators, like cars, can break down and need to be repaired. Like cars, also, they can be maintained with routine servicing to help prevent such breakdowns.

A brief check with at least one local elevator company confirmed my belief that maintenance service agreements are readily available for landlords with elevators in their buildings.

The elevators commonly used in apartments use the hydraulic or friction system. When they are properly maintained with routine servicing and inspections, breakdowns should be a rare occurrence.

Unless there is a significant failure needing a new motor, valve or other main part, I am told that most maintenance issues can be handled within one day, even during the holidays. Only when major or uncommon parts are needed should there be a delay of more than one day.

Unless there was a significant problem with the elevator in your building, you should not have had to wait a week for the repair. If the delay was avoidable, you and the other affected tenants may be entitled to compensation for the inconvenience.

Your landlord should have the elevator regularly maintained (i.e. with a service agreement) to avoid breakdowns.

IF YOU'RE A TENANT OR LANDLORD, the authors stand ready to answer your questions in this column, although letters cannot be answered individually. Write them at: Rental Roundtable, Homes Section, San Diego Union-Tribune, P.O. Box 120191, San Diego, CA, 92112-0191. Or you may e-mail them at rgriswold.sdut@retodayradio.com

Copyright Union-Tribune Publishing Co.

Back to 2003 Rental Roundtable Index

Robert Griswold and the Real Estate Today! radio show strongly support the intent and the letter of all federal and state fair housing laws. As a reminder to all owners and managers of real estate, note that all real estate advertised is subject to the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, discrimination because of race, color, national origin or ancestry, religion, sex, physical disability, or familial status, or intention to make any such preference, limitation or discrimination." Additional state and/or local fair housing laws may also apply. Be sure to inform all persons that all dwellings offered or advertised are on an equal opportunity basis.

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Revised and Updated - Wednesday, April 26, 2006

Robert S. Griswold, CRE, CPM, CCIM, PCAM, GRI, ARM
Griswold Corporate Center
Griswold Real Estate Management, Inc.
5703 Oberlin Drive, Suite 300
San Diego, CA 92121-1743
Phone: (858) 597-6100
Fax: (858) 597-6161
Email: rgriswold.ret@retodayradio.com