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Painting, rent stabilized apt?

Started by hellolotte
over 16 years ago
Posts: 9
Member since: Mar 2009
Discussion about
My lease stipulates that I cannot alter my apartment in any way including painting and that the landlord is responsible for painting every three years. The latter has not happened in too many years for me to admit here! I have asked them to paint (over the past few years,) written a letter, and now am going to send a certified letter asking them to paint w/in 45 days or I will have it painted and deduct from the rent over three months. Does anyone have any better suggestions? Should I just eat the cost of painting? Am I unrealistic in expecting them to do this? Thanks for any experiential advice.
Response by manhattanfox
over 16 years ago
Posts: 1275
Member since: Sep 2007

what does your lease say on disputes? lanlord tenant court?

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Response by julia
over 16 years ago
Posts: 2841
Member since: Feb 2007

don't ever withhold rent..the LL has to paint rent stablized apts every three years...file a complaint as your last resort because if you move the new LL can find out you had a problem with the LL and he never rent to you...good luck.

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Response by metrotom
over 16 years ago
Posts: 4
Member since: Apr 2009

I suggest that you continue to try to appeal o the LL's sense of fairness in this matter. If you are in a Rent Stabilized apt, point out to the LL what his obligations are concerning this matter. If it is rent stabilized, you probably have a pretty good deal on the apartment and it might be worth springing for your own paint job and other renovations if your LL will not cooperate. If conditions are intolerable, maybe you should consider finding a better deal. In any case, avoid Housing Court at all costs. A Housing Court record is a scarlet letter, regardless of who was right or wrong. LL's in NYC will in the future turn down your application.

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Response by metrotom
over 16 years ago
Posts: 4
Member since: Apr 2009

True that

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Response by aboutready
over 16 years ago
Posts: 16354
Member since: Oct 2007

do you have a friend who is an attorney, who is able to represent you? pay him/her $25 and have a friendly letter sent setting forth the landlord's obligations. some firms won't allow their attorneys to do this, but some can. make sure it's not too confrontational. it's sad how people with access to legal resources can do so much better.

we broke a lease, claiming constructive eviction, and the landlord followed us cross-country to sue us. we had a friend at one of the top local law firms who thought it would be good fun to represent us, and the landlord settled immediately, in our favor (we had some great counterclaims).

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Response by West81st
over 16 years ago
Posts: 5564
Member since: Jan 2008

Calling 311 is a good place to start. They can point you in the right direction, and the call/complaint becomes part of the landlord's record without any impact on your profile as a tenant.

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Response by aboutready
over 16 years ago
Posts: 16354
Member since: Oct 2007

Great idea, west81st.

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Response by buca
over 16 years ago
Posts: 17
Member since: Apr 2009

If you are getting a great deal, plan on staying there for a good amount of time and realize the place does need painting, I would forego all this legal stuff and do it myself or pay for it to be done.
If you do go the legal route, you end up alienating the landlord and causing stress on yourself and your living there.
If I am not mistaken, if you paint with the same product, in the same color there is no harm done and the ll should actually be grateful that you saved him the expense of painting it yourself. I know it is not your responsibility or concern, but perhaps your LL is in the same position that many owners are in now and just cannot afford the expense?
Good Luck

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Response by hellolotte
over 16 years ago
Posts: 9
Member since: Mar 2009

Thank you for all the comments. I am going to stay under the radar and paint myself. I do not want to be a "Red Letter" tenant or have a contentious relationship w. my landlord.

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Response by OTNYC
over 16 years ago
Posts: 547
Member since: Feb 2009

Good decision - unless you paint it some ridiculous color, your LL should be thrilled you took the time & expense. I have never heard of anyone getting in trouble for painting. Of course, if he's a real jerk, he could withhold deposit when you move out, but you can mitigate by not paying last month's rent.

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