Damage that was covered up but still visible?

[Raissa Evans]

First time posting a discussion, so I'll try to explain succinctly:
Had some tenants move out after an 18 month lease, during which they added a couple dogs. They knew how to do contractor work, so for the most part they covered up holes and repaired many items. HOWEVER, they repaired a patch in the carpet that is VERY noticeable because the carpet no longer matches (although the patch itself was done well), and almost all the doorframes have a "waffly" look on bottom because they painted over but didn't sand enough or replace moldings that were clawed/chewed. It's not bad enough work for me to have to "re-do" any of it completely, not sure the next tenants would even notice, but I do because it was my former house, and I know how nice it was.

I did touch up paint a lot of doorways and do much better cleaning, and I'll be charging them for that time. But is there a way or would it be right to charge them for damage/shoddy work? 

Your advice is always appreciated!

[Account Closed]

Originally posted by @Raissa Evans:

Oh, and @Roy N., I have not yet returned their security deposit, so it wouldn't require me to "collect" so much as it would be their option to contest it. If they took me to court and I had deferred the work, I can imagine I might need to do it in order to justify it to the judge...I'm just trying to put some thoughts together. Really appreciate you responding!

 I think you answered your own question here.  If you charge them for the cost to fix the bad job they did, but don't actually fix it, then you are profiting, rather than being compensated.  Because you haven't actually suffered an out-of-pocket loss.

You can't sue someone for the cost of fixing some damage they've done, that may cause you a loss in 10 years, for instance.  That's some nebulous loss.  It has to be a real loss you can document, that is out-of-pocket.  

Now, you could fix it yourself and charge them for your time and supplies, or hire someone else, but you have to show that you did something, or paid for something, and now you need to recoup that loss from the tenant.

So, get it fixed and charge them for it.  That's what I'd do.  Because that work is not acceptable.