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Updated 2 months ago on . Most recent reply

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Sonia Vanegas
  • Real Estate Investor
  • Atlanta, GA
1
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8
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advice on landlord threating to void clause in lease and raising rent

Sonia Vanegas
  • Real Estate Investor
  • Atlanta, GA
Posted

hello, 

I have a signed lease agreement with my current landlord starting from Nov 8th 2024. The situation is regarding a mutual agreement both the landlord and myself made regarding the painting of two rooms within the property we are renting to a neutral color (rooms are currently purple and lime green). The agreement reached was the landlord would lower $100 of the rent (current rent: $3100) in exchange for us to paint the two bedrooms. They agreed and we have signed a lease for the total rent of $3100. There is a clause in the lease regarding the painting of the house. Yesterday, the landlord stated that it was their impression that we had agreed to painting not only the two rooms but extra rooms as well and now they are saying they are going to void the clause and raise the rent back to $3200, or we have to paint extra rooms not agreed upon. I am looking for advice on how to proceed with this and what my legal rights are as a tenant in the state of Washington.
Here is the clause that they are trying to void, and have mentioned that we are the ones not upholding the clause as an excuse to void. 

PAINTING. Per the mutual agreement between the Lessor and the Tenant, the Lessor has agreed to reduce the monthly rent from $3,200 to $3,100, allowing the Tenant to repaint portions of the house at their own expense. The areas to be painted and the choice of colors will be agreed upon by the Lessor before painting begins.

The areas designated for painting should be painted thoroughly to ensure that no previous color is visible. The painting should be completed within three months of the move-in date, and the Lessor will inspect the work to confirm it meets these standards.

Can the landlord void the clause, and what happens if the clause gets void? would that void the current lease? if that voids the lease do we need to vacate that same day?

The clause states "portions of the home" and "rooms need to be agreed upon by the lessor" can they use this to void the clause and increase our rent?


I would really appreciate any information/advice on how to deal with this situation. 

Most Popular Reply

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Kevin Sobilo#2 Tenant Screening Contributor
  • Rental Property Investor
  • Hanover Twp, PA
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Kevin Sobilo#2 Tenant Screening Contributor
  • Rental Property Investor
  • Hanover Twp, PA
Replied

@Sonia Vanegas, a few comments:

1. Why weren't the exact rooms called out in that lease clause? If the rooms were agreed to before the lease was signed they should have been listed specifically!

2. The landlord doesn't need to do anything! The way I read that clause, if you and the landlord cannot agree on what rooms to paint and the painting is not complete within 3 months then that clause does not take effect.

So, if you cannot agree, then after 3 months are over your rent will go back up to $3,200 AND you will owe $300 to the landlord for the first 3 months where you got a discount you were not entitled to.

3. If you are painting the rooms yourself, then a $100 discount is generous for 2 rooms! Paint/supplies might be $60 per room and I paint an average room in a couple hours. So, since you would save $1200 over a 1 year lease expecting you to paint more than 2 rooms is not unreasonable.

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