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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 111657
Experience:  Attorney with over 24 years experience.
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An agreement was made with our landlord to do some very

Customer Question

An agreement was made with our landlord for us to do some very needed repair work as well as basic cosmetic improvements. At the time, we were interested in purchasing the home and using the costs of the repairs towards lowering the purchase price. When the purchase time approached, the landlord set the asking price to us at $10,000 over the appraised value. (about how much our total repairs cost us). In addition, while still under rental, an issue arose with the leach field and the landlord was told it may need to be replaced. Their response was "well, you're going to buy the house right?", wanting to leave that large bill to us. So, we decided to not purchase the house and landlord immediately put the house on the market (at the appraised value). Now she is refusing to repay us for all the repair. I have copies of emails stating agreement to pay for repairs as well as showing the selling price with the 10k increase. Can we take her to court for reimbursement of repairs?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you have proof they agreed to pay for the repairs, then that is grounds to sue the landlord for breach of contract, since the emails prove that the work you did was authorized by the landlord and that the landlord agreed to pay.
The landlord cannot force you out immediately if you have a lease, they need to give you at least 30 day notice if you are a month to month tenant and if you are under a written lease you cannot be evicted until the end of the lease.
Yes, you can take her to court and sue for repair reimbursement as you have emails indicating they agreed to pay.
Customer: replied 1 year ago.
Should I hire a lawyer or just go to small claims court? Is it possible to put a lien on the house until payment is made? Can I take items when I move out that were purchased by me such as chandeliers, ceiling fans, plants?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You can go to small claims and you do not need an attorney if the amount due is under your state's small claims jurisdiction limit. You cannot place a lien at this point, you have to get a judgment first.

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