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Legallity of requiring rental repaint upon exit?

I am vacating a commercial space after 2 1/2 yrs. There are some issues regarding the walls and the need to be repainted or repaired. We contacted landlord and requested sample paint- it was painted prior to us moving in. She wants to repaint in different color which would obviously increase the cost associated with it. Initially she wanted us to foot the bill we replied that we felt it to be unreasonable- she backed off and said she would split the cost. Because, there is little touch up required, we still feel that this is unacceptible. The lease states that we are responsible to repaint. Is this binding? Is the implied meaning of the provision to only return the property to its original state, thus not to paint the property in its entirety? Are we required to change the color?

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Attorney answers (2)

Reputation Level 19
The strict language of the lease will rule in this case. You could offer to help but your may not be required to if the lease states the landlord will do it.

Good Luck

Reputation Level 20
In a commercial lease of real property, the parties can agree to do things that would be prohibited under the WA Residential Landlord-Tenant Act. Since "The lease states that we are responsible to repaint", you would be "responsible to repaint" unless you can get the court to not enforce that provision or the entire lease.

Unless the lease gives the landlord the right to choose the paint that you would use, you likely only must repaint to the color when you first took possession.

You should review your specific facts with your attorney to see what you agreed to do in the lease.

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