Hi Susie,

In most states it is not required by law that a landlord repaint a unit when a new tenant moves in, or that a landlord paint the unit on any regular schedule. Most laws that apply to property owners are there to ensure the safety of tenants. If it was determined that the paint in your unit was a safety hazard then the landlord would be obligated to remedy this situation.

However, many landlords do refresh the paint when a new tenant moves in so it’s ok to ask if that will be the case for you. And, if you feel strongly about it, you can always ask for a fresh coat of paint as a term of your lease.

Additionally, if a landlord already has plans to paint, or agrees to paint because you have requested it, many times, they will also allow you to choose and/or provide the specific color you would like if the building allows tenants to customize their units with paint.

It could never hurt to ask for one. But, are you entitled to one? Probably not.

Hey Susie -

It depends on the laws in your municipality.

Usually, the landlord is only responsible for keeping the apartment in a livable condition. A few scuff marks on the wall - while annoying – doesn’t exactly make the apartment unlivable. However, if, for instance, you live in a rent-stabilized apartment in New York City, the landlord is required to paint the apartment once every three years. Check the tenant’s rights laws, as well as local building codes, in your region.