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Landlord Won't Provide Painting Services Promised Before Lease Renewal

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  • 01-24-2016, 11:18 PM
    Tenant007
    Landlord Won't Provide Painting Services Promised Before Lease Renewal
    My question involves landlord-tenant law in the State of: California

    If a landlord responds to an email asking if he would accent paint a wall, if we renewed the lease, and he responds, "Yes, I can" (also via email), can he then renege on this promise after we signed in lease because he said, "Yes, I can" and not "Yes, I will" ?

    TIA.
  • 01-24-2016, 11:22 PM
    Dogmatique
    Re: Can vs Will
    "Can" means he has the ability to do whatever it is.

    "Will" means that he will do whatever it is.

    Seems very clear to me.
  • 01-24-2016, 11:40 PM
    Tenant007
    Re: Can vs Will
    Quote:

    Quoting Dogmatique
    View Post
    "Can" means he has the ability to do whatever it is.

    "Will" means that he will do whatever it is.

    Seems very clear to me.

    So, he can renege on his promise because he said "I can" vs "I will" ? Thanks for clarifying.
  • 01-25-2016, 04:27 AM
    Catmad
    Re: Can vs Will
    How what the question phrased when he was asked to paint? Was he asked "Can you paint...", or "Will you paint...?"

    Is this really important to you? If it is, ask if YOU may paint it.
  • 01-25-2016, 05:51 AM
    flyingron
    Re: Can vs Will
    This looks like it wasn't a question but a statement, so I'll limit my discussion to that.

    Can indeeds means able and often is confused with the proper term "may" which in the law is permissive (you are legally permitted to do so but not obliged to do so). I suspect in the context here, that this is the proper sense of "can."

    This is opposed to will, which the more proper word is "shall" which is obligatory.
  • 01-25-2016, 07:55 AM
    Mr. Knowitall
    Re: Landlord Won't Provide Painting Services Promised Before Lease Renewal
    At the outset, the question is, "What are you going to [try to] do about it?" Let's say we establish that the landlord promised to paint the wall -- it's clear that he does not intend to do so. So, you're looking at a wall that is the same color as the other walls in the room, but has all of the functionality you would expect from a wall -- separating areas of the apartment, holding up the roof, separating the outside from the inside. It's certainly not a health or safety issue, it's not a material breach, and it's difficult to quantify actual economic damages.

    Further, you have to look at your lease agreement. It's possible that when you signed the renewal, you agreed that there were no promises made between you and the landlord other than those that were included in the lease.

    But those impediments aside, I disagree with the notion that the landlord's semantic games could get him out of an enforceable commitment to paint the wall. The intent of the question was clear, and the response was given with an understanding both of what the tenant wanted and with the hope of inspiring the tenant to sign a lease renewal. If all other impediments can be overcome, I would expect a court to find that the landlord promised to paint the wall.
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