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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55322
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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In the state of VA, if a renter contracted a company to do

Customer Question

In the state of VA, if a renter contracted a company to do a repair without my consent which caused new damage to the home (i.e. drywall removed and not replaced, holes in wall), was the contractor legally allowed to go on my property and do this? Who is responsible for repairing these damages?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Richard replied 2 years ago.
Hi! My name is ***** ***** I look forward to helping you!
The contractor would not have necessarily known that the tenant did not have the authority to engage him. So, it wouldn't be illegal for the contractor to perform work at the direction of the tenant. BUT, the contractor would still be liable for the damage caused by the contractor. AND, so too would the tenant be liable to you as the tenant though having apparent authority clearly did not have actual authority. Thus, if one or both of them don't step up to fix the damage, you would want to file a suit naming both of them as defendants. The court can then allocate the responsibility between the two of them. But, you are the innocent and injured party here and you have recourse against both parties.
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Customer: replied 2 years ago.
The contracting company which performed the work, I had stated in the past verbally to their main office that I'm the only person who can authorize repairs. They did this repair regardless leaving several large holes in the drywall. In this case would the contractor would be liable? Would have I have to have written documentation that I'm the only person authorized?
Expert:  Richard replied 2 years ago.
Thanks for following up. The contractor is going to be liable in any case because they caused the damage and did not repair it. On the verbal instructions on who could authorize the repairs, you would have a cause of action if you can prove that you gave them this instruction; but, in my experience, they'll likely simply deny it and then it becomes he said/she said. But, even then, because they caused the damage, they would still have liability.

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