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LandlordTenantAnswer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 23426
Experience:  Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
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Day of move in tenant said condo wasn't cleaned good enough

Customer Question

Day of move in tenant said condo wasn't cleaned good enough and demanded 200.00 be deducted from the rent for her to clean the place or said she wasn't moving in so we said ok. Carpet in second bedroom is new.Tenant said she wouldn't move in unless we agreed to put in laminate so we verbally agreed to do it. She is now moved in after signing one year lease and paying first months rent and security deposit. What recourse would she have if we now were to not agree to change the new carpet to laminate or refused to pay her for cleaning the place?
Submitted: 3 months ago.
Category: Landlord-Tenant
Expert:  LandlordTenantAnswer replied 3 months ago.

Good evening. Prior to moving in, did she see the rental? If so, why did you agree to change this and not rent is' AS IS?

Customer: replied 3 months ago.
she saw the rental and said she wanted laminate or she was not taking it so we said ok
Expert:  LandlordTenantAnswer replied 3 months ago.

Thank you. In a situation like this, if you failed to pay/reimburse her for the cleaning, she could sue you. However, the reason issue is laminate. I say this because a condition to her moving in and taking possession was you putting it in and she relied on that, when she signed the lease. As such, she could break the lease, vacate and sue you for damages suffered. Typically, a landlord offers the rental "as is" and does not make sure changes, unless it can increase the rental amount but in this case, you agreed to repay her and do it and if you failed to do so, she could sue. Everything was oral, so it would be your word against hers.

Customer: replied 3 months ago.
if we say no to either she can break lease and sue us and would her chances of winning the case be good?
Expert:  LandlordTenantAnswer replied 3 months ago.

The issue with the cleaning would not amount her to be able to break the lease. However, the issue with the flooring could, since her renting it was based upon the laminate and now you refuse. She could very well win if she can show you lied and misrepresented you would change the floor, just to get her to move in and take occupancy.

Customer: replied 3 months ago.
if we refuse to pay her for the cleaning she cant break the lease. Can she take us to small claims court for the cleaning money?
Expert:  LandlordTenantAnswer replied 3 months ago.

Yes. Or, she may withhold and deduct from the rent and make you go after her, if you wanted to.

Customer: replied 3 months ago.
sounds like the best scenario for me is to pay her the 200 and give her the laminate or face lease break and suit also rent deduction for cleaning?
Expert:  LandlordTenantAnswer replied 3 months ago.

Ideally, Yes. If you made an oral/verbal agreement, you need to honor it. If not, you are in breach. It was your decision to agree to those things and it is not something you were forced to do. You could have simply told her no and if s0eh did not like the rental, to find someone else.

Expert:  LandlordTenantAnswer replied 3 months ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  LandlordTenantAnswer replied 3 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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