07-04-2015, 12:10 PM
2 posts, read
2,451 times
Reputation: 10
This house is located in central Washington. According to the lease for this house, the tenant is required to repaint upon move-out, irregardless of the length of tenancy. I lived in the house for one year and 10 months. Even with that clause in the lease, can the landlord require me pay for the entire repaint of the house, including what can be considered normal wear and tear?
07-04-2015, 02:38 PM
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
44,551 posts, read
81,085,957 times
Reputation: 57744
Pay for it, or do it yourself, unless the lease specifies paying for it. You signed the lease, there is nothing illegal about that clause. Very unusual, yes, but perfectly legal.
07-04-2015, 06:23 PM
Location: Independent Republic of Ballard
8,067 posts, read
8,358,268 times
Reputation: 6228
Did you read it before you signed it?
07-05-2015, 12:29 PM
Location: Washington State. Not Seattle.
2,251 posts, read
3,269,088 times
Reputation: 3480
You need to talk to someone who has legal expertise with this stuff.
Washington state has a whole RCW for tenants rights, and many of those are rights that can't be taken away, even if you sign a lease that says the opposite. For example, a landlord can't enforce a clause in a lease that says that the landlord can show-up at any time, without giving you notice. That clause would be illegal. Or, the landlord can't put a clause in the lease that says that you are waiving your legal tenant's rights.
RCW 59.18.230: Waiver of chapter provisions prohibited
Contrary to some of the posts above - just because it says so in the lease, and you signed it, actually does NOT necessarily mean that you are out of luck.
07-05-2015, 02:54 PM
Location: North Idaho
32,634 posts, read
47,975,309 times
Reputation: 78367
Quote:
Originally Posted by
timel0rd
......., can the landlord require me pay for the entire repaint of the house, including what can be considered normal wear and tear?
Probably. You made an arrangement where your rental amount you paid included painting the house. I assume that was fine with you at the time you wanted the house and signed the contract. It's a bit too late to change your mind now that you no longer want the house.
07-05-2015, 04:26 PM
Location: Independent Republic of Ballard
8,067 posts, read
8,358,268 times
Reputation: 6228
Unless painting the house (inside or outside) is in return for getting a reduced rent, I don't see that any judge would enforce that clause, especially if you return the property in the condition you received it. You'll probably have to sue in small claims court to get your deposit and last month back, however.
07-05-2015, 05:40 PM
Location: Washington State. Not Seattle.
2,251 posts, read
3,269,088 times
Reputation: 3480
Quote:
Originally Posted by
oregonwoodsmoke
Probably. You made an arrangement where your rental amount you paid included painting the house. I assume that was fine with you at the time you wanted the house and signed the contract. It's a bit too late to change your mind now that you no longer want the house.
I don't think so. I think a landlord would be hard-pressed to prove in court that the walls needed re-painting for reasons other than wear-and-tear (which is illegal to require the tenant to pay for). If it is not legal under the RCW, the tenant can sign anything the landlord puts in front of him, and the landlord still won't able to enforce it.
Unless the tenant turned the house into a meth lab, or the tenant's toddler finger-painted on the walls, or something, then I think the OP has a good case to get out of this. Again, though, I'm not a lawyer.
07-09-2015, 02:53 PM
Location: Eastern Washington
17,210 posts, read
57,041,396 times
Reputation: 18559
Quote:
Originally Posted by
timel0rd
This house is located in central Washington. According to the lease for this house, the tenant is required to repaint upon move-out, irregardless of the length of tenancy. I lived in the house for one year and 10 months. Even with that clause in the lease, can the landlord require me pay for the entire repaint of the house, including what can be considered normal wear and tear?
Well, if it turns out you are required to paint, but not required to paint a specific color, if it was me, I would get some cheap paint in colors not found in nature, then do a really poor DIY job.
Really, regardless if you manage to lawyer out of it or not, you need to read the lease in future, don't agree to unreasonable requirements!
07-09-2015, 03:28 PM
Location: Northwest Peninsula
6,223 posts, read
3,404,518 times
Reputation: 4367
Quote:
Originally Posted by
PS90
I don't think so. I think a landlord would be hard-pressed to prove in court that the walls needed re-painting for reasons other than wear-and-tear (which is illegal to require the tenant to pay for). If it is not legal under the RCW, the tenant can sign anything the landlord puts in front of him, and the landlord still won't able to enforce it.
Not so sure about that.....if it is in the lease that the tenet has to pay or repaint then he has to repaint...if the lease just said 'wear and tear' that is a different story.
If this person never read the lease...too bad.
When I was ready to retire and sold my house I have to move into an apartment for about a year as we were moving out of the area. The lease stated plainly that I would have to pay for any damage to the carpet or repainting. Fortunately were didn't cause any damage and the walls didn't need repainting and got our deposit back.
07-10-2015, 07:16 AM
Location: Washington State. Not Seattle.
2,251 posts, read
3,269,088 times
Reputation: 3480
Quote:
Originally Posted by
rantiquity
Not so sure about that.....if it is in the lease that the tenet has to pay or repaint then he has to repaint...if the lease just said 'wear and tear' that is a different story .
That's the point - it doesn't matter what the lease says. If the lease requires you (the tenant) to repaint, and you don't think that there was any damage to the walls other than wear-and-tear, then you CAN'T be required to pay for it by the landlord. You may have to go to court to enforce it, but that's the law in this state.
RCW 59.18.230: Waiver of chapter provisions prohibited
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House heating fuel used in houses and condos - Wood (%)
House heating fuel used in houses and condos - Solar energy (%)
House heating fuel used in houses and condos - Other fuel (%)
House heating fuel used in houses and condos - No fuel used (%)
House heating fuel used in apartments - Utility gas (%)
House heating fuel used in apartments - Bottled, tank, or LP gas (%)
House heating fuel used in apartments - Electricity (%)
House heating fuel used in apartments - Fuel oil, kerosene, etc. (%)
House heating fuel used in apartments - Coal or coke (%)
House heating fuel used in apartments - Wood (%)
House heating fuel used in apartments - Solar energy (%)
House heating fuel used in apartments - Other fuel (%)
House heating fuel used in apartments - No fuel used (%)
Armed forces status - In Armed Forces (%)
Armed forces status - Civilian (%)
Armed forces status - Civilian - Veteran (%)
Armed forces status - Civilian - Nonveteran (%)
Fatal accidents locations in years 2005-2021
Fatal accidents locations in 2005
Fatal accidents locations in 2006
Fatal accidents locations in 2007
Fatal accidents locations in 2008
Fatal accidents locations in 2009
Fatal accidents locations in 2010
Fatal accidents locations in 2011
Fatal accidents locations in 2012
Fatal accidents locations in 2013
Fatal accidents locations in 2014
Fatal accidents locations in 2015
Fatal accidents locations in 2016
Fatal accidents locations in 2017
Fatal accidents locations in 2018
Fatal accidents locations in 2019
Fatal accidents locations in 2020
Fatal accidents locations in 2021
Alcohol use - People drinking some alcohol every month (%)
Alcohol use - People not drinking at all (%)
Alcohol use - Average days/month drinking alcohol
Alcohol use - Average drinks/week
Alcohol use - Average days/year people drink much
Audiometry - Average condition of hearing (%)
Audiometry - People that can hear a whisper from across a quiet room (%)
Audiometry - People that can hear normal voice from across a quiet room (%)
Audiometry - Ears ringing, roaring, buzzing (%)
Audiometry - Had a job exposure to loud noise (%)
Audiometry - Had off-work exposure to loud noise (%)
Blood Pressure & Cholesterol - Has high blood pressure (%)
Blood Pressure & Cholesterol - Checking blood pressure at home (%)
Blood Pressure & Cholesterol - Frequently checking blood cholesterol (%)
Blood Pressure & Cholesterol - Has high cholesterol level (%)
Consumer Behavior - Money monthly spent on food at supermarket/grocery store
Consumer Behavior - Money monthly spent on food at other stores
Consumer Behavior - Money monthly spent on eating out
Consumer Behavior - Money monthly spent on carryout/delivered foods
Consumer Behavior - Income spent on food at supermarket/grocery store (%)
Consumer Behavior - Income spent on food at other stores (%)
Consumer Behavior - Income spent on eating out (%)
Consumer Behavior - Income spent on carryout/delivered foods (%)
Current Health Status - General health condition (%)
Current Health Status - Blood donors (%)
Current Health Status - Has blood ever tested for HIV virus (%)
Current Health Status - Left-handed people (%)
Dermatology - People using sunscreen (%)
Diabetes - Diabetics (%)
Diabetes - Had a blood test for high blood sugar (%)
Diabetes - People taking insulin (%)
Diet Behavior & Nutrition - Diet health (%)
Diet Behavior & Nutrition - Milk product consumption (# of products/month)
Diet Behavior & Nutrition - Meals not home prepared (#/week)
Diet Behavior & Nutrition - Meals from fast food or pizza place (#/week)
Diet Behavior & Nutrition - Ready-to-eat foods (#/month)
Diet Behavior & Nutrition - Frozen meals/pizza (#/month)
Drug Use - People that ever used marijuana or hashish (%)
Drug Use - Ever used hard drugs (%)
Drug Use - Ever used any form of cocaine (%)
Drug Use - Ever used heroin (%)
Drug Use - Ever used methamphetamine (%)
Health Insurance - People covered by health insurance (%)
Kidney Conditions-Urology - Avg. # of times urinating at night
Medical Conditions - People with asthma (%)
Medical Conditions - People with anemia (%)
Medical Conditions - People with psoriasis (%)
Medical Conditions - People with overweight (%)
Medical Conditions - Elderly people having difficulties in thinking or remembering (%)
Medical Conditions - People who ever received blood transfusion (%)
Medical Conditions - People having trouble seeing even with glass/contacts (%)
Medical Conditions - People with arthritis (%)
Medical Conditions - People with gout (%)
Medical Conditions - People with congestive heart failure (%)
Medical Conditions - People with coronary heart disease (%)
Medical Conditions - People with angina pectoris (%)
Medical Conditions - People who ever had heart attack (%)
Medical Conditions - People who ever had stroke (%)
Medical Conditions - People with emphysema (%)
Medical Conditions - People with thyroid problem (%)
Medical Conditions - People with chronic bronchitis (%)
Medical Conditions - People with any liver condition (%)
Medical Conditions - People who ever had cancer or malignancy (%)
Mental Health - People who have little interest in doing things (%)
Mental Health - People feeling down, depressed, or hopeless (%)
Mental Health - People who have trouble sleeping or sleeping too much (%)
Mental Health - People feeling tired or having little energy (%)
Mental Health - People with poor appetite or overeating (%)
Mental Health - People feeling bad about themself (%)
Mental Health - People who have trouble concentrating on things (%)
Mental Health - People moving or speaking slowly or too fast (%)
Mental Health - People having thoughts they would be better off dead (%)
Oral Health - Average years since last visit a dentist
Oral Health - People embarrassed because of mouth (%)
Oral Health - People with gum disease (%)
Oral Health - General health of teeth and gums (%)
Oral Health - Average days a week using dental floss/device
Oral Health - Average days a week using mouthwash for dental problem
Oral Health - Average number of teeth
Pesticide Use - Households using pesticides to control insects (%)
Pesticide Use - Households using pesticides to kill weeds (%)
Physical Activity - People doing vigorous-intensity work activities (%)
Physical Activity - People doing moderate-intensity work activities (%)
Physical Activity - People walking or bicycling (%)
Physical Activity - People doing vigorous-intensity recreational activities (%)
Physical Activity - People doing moderate-intensity recreational activities (%)
Physical Activity - Average hours a day doing sedentary activities
Physical Activity - Average hours a day watching TV or videos
Physical Activity - Average hours a day using computer
Physical Functioning - People having limitations keeping them from working (%)
Physical Functioning - People limited in amount of work they can do (%)
Physical Functioning - People that need special equipment to walk (%)
Physical Functioning - People experiencing confusion/memory problems (%)
Physical Functioning - People requiring special healthcare equipment (%)
Prescription Medications - Average number of prescription medicines taking
Preventive Aspirin Use - Adults 40+ taking low-dose aspirin (%)
Reproductive Health - Vaginal deliveries (%)
Reproductive Health - Cesarean deliveries (%)
Reproductive Health - Deliveries resulted in a live birth (%)
Reproductive Health - Pregnancies resulted in a delivery (%)
Reproductive Health - Women breastfeeding newborns (%)
Reproductive Health - Women that had a hysterectomy (%)
Reproductive Health - Women that had both ovaries removed (%)
Reproductive Health - Women that have ever taken birth control pills (%)
Reproductive Health - Women taking birth control pills (%)
Reproductive Health - Women that have ever used Depo-Provera or injectables (%)
Reproductive Health - Women that have ever used female hormones (%)
Sexual Behavior - People 18+ that ever had sex (vaginal, anal, or oral) (%)
Sexual Behavior - Males 18+ that ever had vaginal sex with a woman (%)
Sexual Behavior - Males 18+ that ever performed oral sex on a woman (%)
Sexual Behavior - Males 18+ that ever had anal sex with a woman (%)
Sexual Behavior - Males 18+ that ever had any sex with a man (%)
Sexual Behavior - Females 18+ that ever had vaginal sex with a man (%)
Sexual Behavior - Females 18+ that ever performed oral sex on a man (%)
Sexual Behavior - Females 18+ that ever had anal sex with a man (%)
Sexual Behavior - Females 18+ that ever had any kind of sex with a woman (%)
Sexual Behavior - Average age people first had sex
Sexual Behavior - Average number of female sex partners in lifetime (males 18+)
Sexual Behavior - Average number of female vaginal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a woman (18+)
Sexual Behavior - Average number of woman performed oral sex on in lifetime (18+)
Sexual Behavior - Average number of male sex partners in lifetime (males 18+)
Sexual Behavior - Average number of male anal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a man (18+)
Sexual Behavior - Average number of male oral sex partners in lifetime (18+)
Sexual Behavior - People using protection when performing oral sex (%)
Sexual Behavior - Average number of times people have vaginal or anal sex a year
Sexual Behavior - People having sex without condom (%)
Sexual Behavior - Average number of male sex partners in lifetime (females 18+)
Sexual Behavior - Average number of male vaginal sex partners in lifetime (females 18+)
Sexual Behavior - Average number of female sex partners in lifetime (females 18+)
Sexual Behavior - Circumcised males 18+ (%)
Sleep Disorders - Average hours sleeping at night
Sleep Disorders - People that has trouble sleeping (%)
Smoking-Cigarette Use - People smoking cigarettes (%)
Taste & Smell - People 40+ having problems with smell (%)
Taste & Smell - People 40+ having problems with taste (%)
Taste & Smell - People 40+ that ever had wisdom teeth removed (%)
Taste & Smell - People 40+ that ever had tonsils teeth removed (%)
Taste & Smell - People 40+ that ever had a loss of consciousness because of a head injury (%)
Taste & Smell - People 40+ that ever had a broken nose or other serious injury to face or skull (%)
Taste & Smell - People 40+ that ever had two or more sinus infections (%)
Weight - Average height (inches)
Weight - Average weight (pounds)
Weight - Average BMI
Weight - People that are obese (%)
Weight - People that ever were obese (%)
Weight - People trying to lose weight (%)
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