Is a landlord required to paint a rental unit in between tenants?
ANSWER:
While tenants have come to expect a freshly painted unit upon their move-in, except in certain circumstances as regulated by law, it is the landlord’s decision when to paint a rental unit and how often to paint the unit. Most states’ landlord-tenant statutes do not address the issue of painting unit interiors between tenants. However, there may be requirements in some rent controlled locations that a landlord paint between tenants or paint according to a set schedule, such as a California requirement for painting every four years or New York City’s requirements to paint every three years.
Landlords should consult their state’s law on landlord obligations under the implied warranty of habitability to determine their compliance requirements for housing conditions. In general as long as the interior paint meets habitability standards – i.e., walls of the unit are in good condition and the paint is not chipped, peeling, or lead-based – tenants can take occupancy.
Because of the cost and scheduling conflicts, landlords usually prefer to paint a unit when a tenant has vacated the unit. With some luck, a landlord may be able to go several years before the unit needs repainting. However, a freshly painted unit is a cosmetic upgrade that can be an effective marketing tool to attract potential tenants or as renewal incentive for a good tenant.