If you’re informed that the landlord plans to paint the rental property you are occupying, especially if your lease is about to end. You will be vacating afterward. You may wonder if they have the right to do so.
Painting is generally considered cosmetic work, so it does not fall under an ’emergency repair’ that warrants immediate attention. This means tenants have the discretion whether to allow the landlord to paint the property or not under the Right to Quiet Enjoyment law. A landlord cannot paint without it being approved. At the same time, the rental is occupied if you’re not allowing it. But because of the possible health effects of painting, they should ideally only paint a rental property when it is unoccupied.
An exception applies if lead-based paint is involved. If this type of paint is damaged, it must be addressed asap. Damaged lead paint will create toxic lead dust, dangerous to everyone. It’s especially dangerous to children and pregnant women. Too much exposure can cause lead poisoning, which can be fatal.
If dealing with damaged lead paint, your landlord has a valid reason to paint the rental property. It’s even while currently occupied since it already involves your safety. He or she must follow lead-safe practices, including keeping people not involved in the work away from the worksite.
This means you must not be in the unit while the pros deal with the lead paint. Depending on state laws, they may shoulder your temporary relocation and refund a portion of your rent equivalent to the days you were away.
You may also ask your landlord to conduct bulk lead paint testing if he or she has not done so before. That way, they can identify other surfaces that contain lead paint and deal with all of them in one go if needed. It ensures your safety once the work is done.
Suppose the paint is in poor condition and can already be considered a hazard even if it is negative for lead. Maybe state laws require the landlord to repaint. In that case, it may fall under the Warrant of Habitability. This means they are obligated to make necessary repairs, even if they live in the unit. However, he is also obligated to compensate you for the hassle.
3M
3M is one of the EPA-approved test kits.
| Name | LeadCheck Swabs |
| Cons | Leaves a mark |
| Item Weight | 1.6 ounces |
| Product Dimensions | 0.65 x 4.05 x 7.8 inches |
| Pros | Easy to use |
| Quantity | 8 |
Pros
- Cheap for a few surfaces.
- EPA-approved.
- Trustworthy brand
Cons
- The price has gone up.
- They leave a mark.
- XRF can be cheaper with many surfaces.
What is Considered Harassment?
Relationships are not always perfect. In some cases, they do hostile acts to tenants they feel are going against them. Many experience this, but they are unaware that those acts may already be considered harassment.
They mistakenly believe that those acts are still within the rights of the owner of the place. They learn to deal with it, fearing retaliation against them and evicting them anytime. Not all tenants know that the law protects them against harassment and can do something about it.
If you see or experience your landlord doing these to you or someone else, know that these acts may be considered as harassment:
- He’s depriving you of the use of facilities that are stated in your lease.
- He’s cutting off your supply of utilities to force you to vacate the unit or pay rent.
- He’s changing the locks of the unit without notice to prevent the tenant from entering it.
- He’s going inside an occupied unit without prior notice to the tenant, even without an emergency.
- He’s threatening to evict someone who refuses to give up the unit before the lease is up, even if the landlord offers to buy out or pay for it.
- He’s conducting routine inspections very often or at unreasonable hours.
- He’s using false charges to give a three-day notice or any similar eviction notice.
- He’s physically or verbally threatening behavior.
- He’s rejecting repair requests.
- He’s deliberately disturbing the peace and invading privacy, including starting construction activities to annoy tenants.
- He’s rejecting a rent payment or not acknowledging it.
- He’s lying and spreading false information.
- He’s destroying the personal belongings of someone living at the property, including removing them without a court order.
- He’s refusing to give recommendations that were requested by a tenant, which will be given to other future landlords.
- He’s unreasonably raising rent with or without notice.
- He’s giving a fake eviction notice.
- Sexual harassment, including making crude or vulgar remarks.
- He’s singling out someone and not giving him or her the same privileges as others.
- He’s doing acts against someone that is considered criminal in nature.
- He’s spying, including placing recording equipment inside the unit.
There are plenty of acts that can be considered harassment. A tenant must call out his or her landlord for actions that make him or her uncomfortable. If it does not get resolved, tenants can consider legal actions.
