Unraveling Rental Legal Jargon: How an AI Legalese Decoder Can Provide Quick and Effective Advice
- May 16, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Graffiti Situation: Seeking Legal Advice
I recently found graffiti on the exterior of a rental property I am leasing, and I informed the landlord as per the tenancy agreement. The graffiti is located in easily accessible areas and can be painted over. Drawing from my experience in painting houses, I offered to repaint the affected areas using the original color hex for an exact match. The cost and effort involved would be minimal, but the landlord insists on hiring a professional painter, which would incur significant expenses.
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****** just grabbed a
> I recently had someone graffiti
OK this is very vague. Who is this someone and did you have any part in them graffiti the house? If not why do you offer to paint over it?
EDIT:
OP [admitted](https://old.reddit.com/r/newzealand/comments/1c4bbsd/rentallardlord_law_stuck_in_a_bad_situation_and/kzmk56y/) in another post it was
> a friend of a friend who came over when we had drinks
Did you directly or indirectly cause this graffiti situation?
Is the “artist” that caused the damage known to you? If not, I’d be telling the landlord to touch grass.
(edit: OK, OP omitted the critical detail that this is a friend or at least acquaintance, so clearly they bear responsibility.)
~~Firstly I don’t think it’s fair that you’re liable – this is a risk to the building that is irrespective of who resides there. Your tenancy did not cause this unless it could somehow be shown that the “artist” was invited there by or at least known to you.~~
Secondly, if you were liable, you’d be entitled to obtain your own quotes and have the work done as you see fit. Yes the landlord can inspect and request a redo if it’s not up to snuff, and do it themselves and invoice you for the trouble if you fail to remedy it to a fair standard, but if you did an objectively good job they wouldn’t have a leg to stand on.
~~It sounds as though that by offering to remedy it the landlord may have assumed you were accepting liability, so you probably could have made that clearer in your initial contact, but it doesn’t change the fact.~~
~~I would make it clear to them that you are not accepting liability for this, and that you only offered to paint over the graffiti as a goodwill gesture. If they want to claim you are liable for the damage, you’ll see them at the tenancy tribunal.~~
More [here](https://www.tenancy.govt.nz/maintenance-and-inspections/repairs-and-damages/#id_2794913-whos-responsible-for-fixing-damage-depends-on-who-caused-it) – this doesn’t explicitly state that the tenant isn’t liable for damage by strangers, but it’s fair to say the omission would imply the tenant is not liable, and it does explicitly exclude burglaries for example.
If it wasn’t you or a wanted visitor to your property it’s the landlord’s responsibility. If they push it take it to tribunal.
But because they are bulldozing your rights the price should from climb from 2L of paint to at least a few hundred dollars.
I’m pretty sure this is not your responsibility – they fix it via insurance. They may want to use an anti graffiti paint or have it cleaned instead
Landlord makes a claim on his insurance ….. thats what happens here
This is the landlords problem NOT yours.