Should I ask to have my rent prorated?

[sheridan93]

My lease started on October 1st, but the last tenant who occupied my room painted the walls sloppily in a very dark color without the landlord's permission. The landlord told me if I moved in that I would be accepting the room in its current condition and would have to pay for it from my security deposit when I move out, or I would have to pay to have someone professional come and paint it. I told him I didn't want the room in it's current condition and I wanted the room painted before I move in. He said he would try to get a hold of the painter he uses and try to get it done as soon as he can, but that he didn't know when. That was September 29th.

Everyone says I should get one weeks worth of rent back from him, since I haven't been able to move in. I am hoping to move in this weekend, but he hasn't gotten back to me on whether he has gotten the room painted or not. Please only answer if you are familiar with San Francisco, CA rental laws.
Also, I paid the security deposit, and first months rent already.

[bothan]

SF rental laws would be that you pay the rent. You can move in, the place is habitual, you just do not want to. Not wanting to and not being able to are not the same thing.

[yago]

Yes, your landlord should give you a pro-rate (discount) for making you wait to move in. You would deduct that from the "last months" rent you still owe prior to moving in. Fair is fair. If the landlord was able to rent apartment in present state - he wouldn't have told you to wait to move till room repainted. He has you by the "nuts" now and you have to change your plans - this is why you never contract to move into a place that is not to your complete liking.

[jordi]

It's too late for this, but, I never would have rented the place to begin with.

When the last tenant moved out the owner of the property could have fixed the paint in the bedroom, deducted the cost of that from the prior tenant's security deposit and this whole problem would have gone away.

I am guessing he did charge the former tenant for repainting, never painted the room and figured he could pocket the cash as extra profit.

This property owner sounds shady and underhanded. I'd be very leery about doing business with him.

Then there is this garbage about you accepting the unit as is and having to pay out of your security deposit to fix a paint job you never made? That's garbage.

Here is what I would have done. I would have offered to supply the labor and paint the room. The owner can pay for the paint. But, I'd only do that if I really liked the apartment.

[ahanu]

You get NOTHING off your rent. Your lease of the premises started October 1, and it is YOUR choice to not move in until the painting is completed. This is the price you pay for being picky.