Rent-Back Tenant Claims Refusing Damage Claims

[G. Gooden]

State: Virginia

I recently purchased a home back in August, and did a rent back to the Sellers until end of September.  After closing, we had  [Buyers] did a walk through with a Home Inspector and didn't turn up anything of major issue.  Now that the Sellers have moved out, we [Buyers with Agent] took pictures of damages that weren't there at closing (e.g. broken baseboard, excessive holes in walls, mold in washer, etc.).  The Sellers and Seller's agent is claiming that none of these were damages from them or that they are pre-existing.  And that they aren't going to pay for anything.

I'm struggling to see what next steps we can take given that (1) the home inspector did a good job identifying issues, (2) the Sellers didn't provide documentation that these were pre-existing issues prior to renting-back, and (3) they have been a hassle since renting back.

[Bill B.]

Show them the pictures and or videos that were taking during the pre-rental period inspection. Case closed. 

Next time, as you will read here, always treat the lease back as a normal rental to a risky tenant. Keep a a “large” security deposit (like 6 months of rent past move out date). And an escalating rent for when they no longer want to move out. Feel free to go to small claims court with your pre and post rental pictures. 

Ps. PLEASE accept that if these are your biggest problem you are golden. These are non-issues. Google lease back won’t move out and you’ll find hundreds of stories of lease back sellers that wouldn’t pay rent or move out costing thousands per month.