Q: I just moved out of an apartment that I rented for about 6 1/2 years. I had painted the apartment a terracotta color after asking the manager for permission in advance. We never discussed the actual color that I would be painting, but they indicated that it was OK because the apartment would have to be painted when I moved anyway. Now I have moved out and I received my security deposit disposition statement with a deduction for $350 for repainting because I had painted the unit “dark orange.” They claim the total cost to repaint was $950 as two coats were required. I feel that being charged more than one-third of the cost of painting is exorbitant. If they would have told me that the cost would be so high I would have painted over the color myself. Is there any advice that you can give me or should I just pay the additional amount and learn a lesson?

Property Manager Robert Griswold replies: Most owners and property managers prefer to use neutral colors when painting in order to appeal to the majority of prospective tenants. And many tenants want to personalize their rental property. If you indeed did paint the apartment any other color than a neutral color, it is not surprising that you would be charged.

While you did live there a long time, the fact is that you painted the apartment in a dark color and thus it is not unusual that it would take at least two coats to bring the color back to the preferred shade of bland. Therefore, the charge of $350 does not seem unreasonable as that would generally be the extra cost incurred for the second coat of paint required to cover up the dark color you chose.

Because the landlord paid for $600 of the repainting cost, it seems that you were not really charged for the cost of painting the apartment. If you had used a light color that could be covered in one coat, then the total repainting cost would likely have been no more than the $600.

I would suggest that you ask for a copy of the actual invoice to verify that the work was done and at the price quoted of $950, but otherwise, it seems like you were treated fairly.

Q: We are in the process of buying our first rental home and so are about to be new landlords. The close of escrow will be in the next few weeks. The contract states that all permanent fixtures will stay in the property, but we just received a phone call from the seller asking if we want to buy the gas range and the dishwasher for $750. Aren’t these permanent fixtures that would be included in the sale?

Griswold replies: You should review the language of the purchase and sale contract to see if there are any specific clauses that cover these two items. If not, then often the interpretation of “fixtures” is a matter of local custom and practice.

Generally, a dishwasher that is built-in and installed under the counter as opposed to a free-standing portable unit would be considered a fixture and go with the sale. On occasion you will find that older rental homes did not have dishwashers at the time of construction and a portable unit was provided, but I cannot remember ever seeing a rental home where the stove was not a built-in fixture.

It is also unusual for the seller to contact you directly, so they may be trying to pull a fast one. I suggest that you talk to your real estate agent. I would also contact some other real estate brokers. Assuming they agree that the dishwasher and gas range are fixtures, these appliances should be included in the sale.

I would suggest you immediately document your position in writing that these items are included in the sale and ask escrow to include a specific instruction signed by both the buyer and the seller.

Source:

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/04/29/REGMDPG9691.DTL