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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 36993
Experience:  Attorney over 16 years, landlord 26 years
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My landlord is refusing to paint my apartment after 5 years

Customer Question

My landlord is refusing to paint my apartment after 5 years of living here unless we move out all of our furniture when they do the painting. This would involve us getting a truck to put the furniture in due to uncertainty of weather conditions and hiring someone to move furniture to truck. We are in our late 60's and my husband is disabled. I have read my lease and this type of problem is not addressed. What can we do to resolve this?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Can you tell me what state you are in?

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Do you actually want the landlord to repaint the apartment?

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Is there something defective with the current paint (i.e. peeling ) ?

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thanks

Barrister

Customer: replied 1 year ago.
Michigan...yes, repaint the apt...dirty walls and cracks and nail pops...
Expert:  barristerinky replied 1 year ago.

Ok, from a purely legal perspective, the landlord is only obligated to repair things that affect the habitability of the dwelling, but not cosmetic issues. So to be honest, he doesn't have any legal duty to repaint the property unless it is something like peeling paint that could cause a hazard to pets or small children. Dirty, cracks and nail pops are cosmetic issues, but not habitability issues.

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With that said, unfortunately, if you want the landlord to repaint the property, then you would have to comply with his requirements because based on your comments, I don't see any legal grounds for you to be able to force him to paint if he doesn't want to.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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