Damage that was covered up but still visible?

Question

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 · Answer

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.

Carolina E. · Answer

I would add that if you choose to take part of the deposit make sure you have the before pictures of the doors.

Penny Clark · Answer

@Raissa Evans,It is difficult to accept work that is not as good as your own!. However, check with your state to see if you can charge for your labor from the security deposit. You may only be able to charge for the materials used as long as you kept receipts. Just curious, was there a clause in your lease agreeing that the tenant could make alterations and repairs without your consent or was this an implied agreement? If it were me I would let it go and just charge them for materials for repair and repaint and cleaning. Most tenants won't notice because they will not have a previous image for comparison like you do.Hope this helps!

Raissa Evans · Answer

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!

Raissa Evans · Answer

In our state, they aren't supposed to do the work unless agreed, and I DID agree, and cautioned them that just "painting over" the gouges wasn't going to be enough. They did a good job on the baseboards, it's actually the door frames and window frame that are gouged. BUT, not enough to have a contractor come out and redo them this time. However, it has diminished the look of the property, and should I decide to sell it as is, the value. My lease states (removed the parts not at all applicable):Deductions:(a) damages to the Property, excluding normal wear and tear, and all reasonable costs associated to repair the Property;(b) costs for which Tenant is responsible to clean, deodorize, exterminate, and maintain the Property;(f) unpaid pet charges;(q) cost to restore walls, flooring, landscaping or any alteration to the Property not approved in writing by Landlord; and(r) damages to the Property caused by smoking, including but not limited to stains, burns, odors, and removal of debris.Here's a photo of one of the door frames, for example. This may seem picky, but understand that frame was flawless before.

Roy N. · Answer

@Raissa EvansWhat are the terms of your lease and those of the landlord tenancy act in state?We do not allow tenants to affect any repairs or improvements on a property themselves. If something is damaged, we fix it and sort out accountability. If the tenant wants to make a change/upgrade to the property, then they must submit the request to us in writing. If we approve, we will have one of our contractors carry out the work ... and bill the Tenant as appropriate.If your lease forbids the tenant from making repairs or modifications to the property, then you could likely make a case. Whether it is worth your time and money to so do ... and whether you would ever collect ... are other stories.