The Property Management Shop
by Marc Wilson
Q. I rented one of my two-bedroom units to a nice couple in 2000. The unit was professionally painted with decorator colors just before the tenants took possession. Last week, I was in their unit, coordinating a plumbing repair when I noticed that they had repainted one of the bedrooms, the hallway and the kitchen. It had cost me $3,000 to paint that apartment. Needless to say, I was livid. Can I evict these tenants?
A. I don't know. I will assume that you used the PPMA Residential Tenancy Agreement when you rented to them. Item #20 of this agreement contains information about alterations. It clearly states that the “tenants shall not remodel, renovate, paint, refinish floors, apply adhesive paper to any cabinets, walls, or doors, hang any plants, planters or lighting fixtures, tack, nail or glue any coverings to floors or walls.” Item #27 of the House Rules Addendum to the same rental agreement, goes on to say that the “tenant shall not paint the premises or any portion thereof without prior written consent of owner. In the event that such permission is given, tenant shall restore the original paint colors prior to vacating the premises. Tenant shall be responsible for all costs involved in such repainting. Tenant shall restore the original paint colors prior to vacating the premises. Tenant shall be responsible for all costs involved in such repainting.” Given this information, it would appear that your tenants painting of their apartment, without prior written consent, represents a material breach of the rental agreement.
I imagine that you could pursue their eviction based on these facts, but would it be a good idea? Remember, you can pursue anyone's eviction at anytime for any reason. The question is how much will it cost and what is the probability that you will prevail. Why would you want to evict a perfectly good tenant just because he/she painted some walls in his/her apartment? Why would you seek possession of the apartment for this reason? Is the rent below market? Have you had prior disagreements or issues with this tenant? I frequently get calls from owners asking if they can evict for “this” or evict for “that.” Upon further inquiry, the owners apparently do not really care about “this” or “that,” because they just want market rent. These owners are grasping at straws for any reason they can to justify terminating a tenancy and receive market rent. I hope that this is not the case with you.
You should send the tenant a letter and remind them of Item #20 of their rental agreement and item #27 of the House Rules Addendum. I usually enclose a copy of the applicable sections and highlight them in bright yellow. You also should inform the tenants they are technically in breach of their rental agreement, and you do not now nor would you ever authorize any deviation from that rental agreement. Give the tenants the specific paint colors and paint brands for the original paint job; and tell them where they can actually buy the paint. In addition, tell them that you expect the paint job to be returned to its original luster when and if they ever vacate the apartment. Remind the tenants that you appreciate their tenancy, and that they should feel free to contact you in writing with any questions, comments and/or repair or paint requests in the future.
I generally do not do fancy designer paint jobs for a lot of reasons. First and foremost, I have learned over the years that there is absolutely no accounting for taste. The fact that you like a particular color scheme means next to nothing when it comes to its appeal to the general public. Fancy paint jobs are expensive. They will generally appeal to a smaller section of the public. They might even increase the likelihood of the tenant painting the apartment; and they are much more difficult and expensive to maintain and touch up when the unit turns over. You should use just one color in your apartment units, and you should use this same color for absolutely every unit that you own. The color should be white or off white, with a satin finish for the walls and semi-gloss for the wood and trim. A satin finish on the walls is easier to clean and maintain. My management company manages 400 units in town, and you know what? Each and every unit is painted the exact same color. You would be amazed at how much time can be wasted running around trying to find and match paint colors. I would suggest Kelly Moore bone, white shadow or antique white.
New tenants often ask me about painting part of their apartment after they have read sections #20 and #27 of their rental agreement and addendum. They might want to paint their kitchen yellow or their bathroom light blue. I do not give them my approval, and I do not emphatically deny their request. I simply explain that I am not going to take a real interest in the interior of their apartment until they vacate and deliver the apartment back to me. At that time, I tell them, I will want the apartment to look just as it did when they took possession. I stress to them that any changes they make in the apartment should be made with an eye toward the cost and time involved in undoing their changes. I tell them that it will be horribly expensive if I have to arrange to repaint their paint work. Most tenants take my warnings seriously and are very conscientious about making any changes in the apartment. Besides, I think it is incredibly cute when a young couple is sitting in my office cooing about their new kitchen and what color they plan on painting it. I even write the original paint brand, color, texture and store locations on the top of the rental agreement. Even if the tenants do not paint, they will need this information when they touch up their nail holes at the time of vacating.
The opinions expressed in this article are those of the author and do not necessarily reflect the viewpoint of the SFAA or the San Francisco Apartment Magazine. Marc Wilson has been managing and selling San Francisco apartment buildings for over 15 years. Please send your questions concerning property management issues to Marc Wilson at 1699 Van Ness Avenue, San Francisco, CA 94109. He can be reached at 415-229-1275. Copyright © 2004 by the San Francisco Apartment Magazine. All rights reserved.