State Specific Question About: NEW YORK (NY)

others will have more and better suggestions than I. but paint is not a habitability issue.

IMO, they started it and they can finish it.

This T sounds like they are going in the toilet sooner rather than later.

MTM or a "term" lease?

With winter upon us, you may not want a vacancy.

With their "threat" I might want to dump them ASAP......avoid the rush

Anyone can sue anyone for anything. So, yes, your tenants can sue you for your refusal to paint. However, they probably have no legitimate claim against you, which is what I think you are really asking.

In some jurisdictions, a tenant might have a right to a new paint job after five or seven years. But after 2? No way.

If a T paints a room, that is presumably grounds under your lease to evict. I know it is under mine! T has no right to paint, and if T does paint, that is a material breach of the Lease.

If a T asks me for something nicely, his chances of getting it are much higher than if he demands it. If a T compounds his error of making demands by combining his demands with a threat to sue me, he had better be on very solid ground!

Painting without permission is a violation of my lease. What does yours say?

Threatening a lawsuit over paint seems a bit over the top. Are there other issues?

Do not let tenants I intimidate you like this. Tell them it is the way it is, because it is the way it WAS when they moved in.

3 options, #1. You provide a qualified painter and they pay for it, #2. They accept it the way it is, #3. They move.

Bill them for restoring the unauthorized paint job they goofed up, this will hopefully train them to clean the mess in the other room.

I do my best to screen out demanding attitudes. If I miss and let one in, I get them out at the first opportunity. Life is too short.

I did come across a couple of cans and partial cans of paint in my paintwhen I was cleaning out my paint and supply closet a few weeks ago that had a 10 year waranty. I had purchased them about 20 - 25 years ago when Handy Andy and Home Base had a going out of buisness sale at 10 -20 cents on the dollar. Don't remember seeing any with that low of a warnty in years though.

our rental agreement states that a tenant may not perform the action or cause to have the action performed without our approval. The painting done without permission is considered damage to the property.

Sounds like a case of "I want to spruce up for the holidays." to me. Hmmm, demanding tenant, New York, winter coming on. I'd "get them on the painter's schedule, I'll let you know when the painter is freed up." Repeat as necessary if they pester you. Then on February 14th, I'd wish them a Happy Valentine's Day, and give them notice to move by March 30th. "We have other plans for the property." repeated every time they ask why the notice.

Worst time of year to be heading down this road with a tenant. Was this really the first sign that this tenant was a pain? Or have you appeased them before?

How much longer on lease? If their lease ends in the winter anyway, might as well get them out sooner if you can. As others say, this is not a habitability issue. If they withold rent, this is a slam dunk for you. File eviction, make sure you do everything by the book.

If their lease is until spring... I'd probably appease them and learn a lesson. There had to be signs somewhere along the way. Also, I think that having a room half painted (or any half-done/half-ass repair work) doesn't look good on you as a LL. I would personally not do that. It gives the impression, rightly or wrongly, that you're not on your A Game.

The half-painted room, they started it?, Without your permission? I would provide them the name of my painter and suggest that they arrange to have that person do the room that they started since it was a violation of their lease to paint without permission.

For the grease, is it great that they got on the walls? I would show them how to clean it and let them know that if it is not cleaned off when they move that my cleaner charger $X per hour for that kind of work, and that if the room must've painted because of the stain left, then my painter will charge me $Y for the painting and it will come from your deposit as it would not have been needed if they did what they needed to do.

Steve,

I guess this falls under my "wanna be right or rich?"

-some people have been so bet up by LLs they only know to come in swinging. I don't think it out of line to ask for fresh paint. I don't care for their style, but I'm not in this to protect my feelings. I'm in it to keep the rent flowing to maintain my FREEDOM!!!

My version of "LL is charge" means *I* arrange the situation to make *MY* FREEDOM!!! continue. If giving them something they want helps ME, then I am in charge.

If you respond to their "bark" with a bark, they will only bark louder.

God said: A soft answer turns away wrath.

Turn on the professionalism and find out what is really important to them.

-no matter what your lease says, if they take you to court it's a crapshoot. Experienced LLs know the best court case is the one that never gets to court. Judges can be flaky.

-I do not want a vacancy right now. A little TLC can go a long way. And besides, if they leave, YOU'LL HAVE TO PAINT!!

-so paint now to keep the cash flowing or paint later to re-rent after losing a month or 2. Need a project to take you away from your kids over Christmas vacation??

-I would compromise by offering to pay for some paint (one or two rooms) if they can find a painter. "Joe, It's not in the budget but I asked the owner and he said he'd pay for 2 rooms of paint. Can you find a painter?"

-ANOTHER reason to be the MANAGER and never the OWNER = fewer complaints.

-I will put them on our WATCH list. We keep an eye on them so we are not surprised when they skip.