tenant problem
I own a 3 family which I also live in. One of my tenants decided that he wanted to paint his apartment and bought paint last winter. He later asked me to help him paint and I painted his bedroom. Now he has decided that I must paint his entire aprtment and has become hostile…
I own a 3 family which I also live in. One of my tenants decided that he wanted to paint his apartment and bought paint last winter. He later asked me to help him paint and I painted his bedroom.
Now he has decided that I must paint his entire aprtment and has become hostile and aggressive, ,barraging me with nasty emails and phone calls. I have told him that I will paint his apartment, on my own schedule, and have not made any promises. Today he paid his rent, a week late, and deducted 220.00 for the paint he bought. He provided me with a credit card receipt from a paint store, with the total of his purchase, but not an itemized receipt. Is it legal for him to do this? I want to return his rent check and tell him I will reimburse him for the paint,separately from his rent when he gives me an itemized receipt and that he cannot deduct anything from his rent. Is it okay for me to do that? In 12 years, I have never had a tenant like this and am not sure how to handle the situation.
Thanks vanburenproud, I have already returned his rent check with a letter of explanation, in his mailbox. I’d rather not have a face to face with him at the moment, he’s been an acceptable tenant for two years, but has been raging at me for the past few weeks, so I just need to keep a distance.
I have already told him I have painters coming to look at the job and give me an estimate.
I would prefer to evict him, but I have a heart condition, had a cardiac catheter procedure in May and have to have another one soon, I’d rather not take on the stress of an eviction battle at this time. But I will if I have to.
Landlords of rent-regulated apartments are required to paint their tenant’s apartments every three years. I remember reading the same about all apartments in NYC, but cannot find the citation right now. Regardless, it seems like a good and decent practice, both for tenant and for landlord. However, unless the tenant discussed painting with you before he bought the paint, and made arrangements with you on brand, cost and color, then you are certainly not obligated to pay. Most landlords who have friendly relations with their tenants are happy to negotiate this issue and perform the job using the landlord’s painters. Most standard leases contains clauses something like this: “CHANGES AND ALTERATIONS TO APARTMENT: You cannot build in, add to, change or alter, the Apartment in any way, including wallpapering, painting, repainting, or other decorating, without getting Owner’s written consent before you do anything.” A receipt with a total of $220 proves nothing, including whether the entire amount was spent on paint, and whether all the paint was used. But why debate the issues now, when there seems to have been no discussion and agreement prior to the purchase?
I agree with 1.37 and 1.40. Your own house is too small of a place to deal with someone like this. They seem irrational.
i agree with 1:40. Get him out. Then keep his deposit 😉
Just want to let you all know that I got an answer from housing court. A tenant may not deduct anything from his rent, except by order of a housing court judge. I returned the tenants rent check, explained this to him and told him that I need to see the paint, and have an itemized receipt. I’m not totally sure that 220.00 is excessive, it’s a 2 bedroom floor through, the real issue seems to lie elsewhere.
The apartment could use a paint job, but it’s not peeling or unsanitary. Part of what makes it look bad is that the tenants former girlfriend painted two walls of the living room a hideous deep color, and the apartment is a mess, needs a good cleaning.
I would give this tenant his 30 days notice as a month to month tenant and have him leave. I am an owner as well and my experience is that once these strange complaints start happening they will continue.
oh wait – so you don’t have a lease?
great – cash his last rent check, tell him he still owes you $220 and when he gives you the itemized receipt is WHEN you will pay him back for the paint – if he doesn’t comply tell him simply he has until July 31 to move out!!!!!
he’s being the dumb one here – not you!
If he’s otherwise been a good tenant, I would do as you said. Return the rent check, in person, and politely explain verbally that you don’t take rent checks that have deductions in them, and that you will be happy to cut him a separate check within fifteen days after he gives you an itemized receipt for the paint.
Then I would politely explain that his rent is late, and that deducting an expense and forcing the return of the check made it more late. I would say that the tenant has a choice. That he can cut me a new check for the rent and get it directly into my hands by the end of the day (or other reasonable-yet-PDQ-type time period), and if that happens I will waive a late fee this time, since it seems there has been an honest misunderstanding.
If the rent is any later than that, though, I would explain that I would unfortunately have no choice but to enforce the late fee clause of the lease (if you have one).
I would also put a typed letter in the envelope along with the check that restates everything said here. And I would refer the tenant to that letter.
I would politely and calmly ask the tenant if he has any questions, and then see what happens.
If that interaction goes smoothly and the tenant doesn’t pull any sillybusiness with the rent, then I would go back with my nice hat on and ask what’s going on with the paint job–that he seems kind of upset about it, and this made you wonder if there’s something about the paint job that I don’t understand, that he’d like to talk to me about.
did he buy 10 gallons of paint? that’s the only way i can think he could have blown $220 on paint. i guess i don’t understand why you’re being engaged to paint his apartment though. is there something wrong with the paint job now? if it is adequate, not peeling off etc., then what does he want from you? it sounds like he has lost his mind, wanting you to paint the whole place because he’s a lousy painter. tell him you need an itemized receipt because $220 seems excessive. even if he could give you a written list of the supplies he bought and their approximate cost, that might shed light on things. it really sounds like he is trying to bait you for some reason.