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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 27594
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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We recently gave our tenants notice to move out - we want to

Customer Question

We recently gave our tenants notice to move out - we want to sell our rental house. After the tenants moved out, we discovered their dog completely trashed the hardwood floor in the hallway. We obtained three bids from licensed contractors for refinishing the floor and gave the bids to the tenants. The tenants agreed to pay for half (approximately $1500 each).
All of the contractors were too busy to start the job soon, so we went ahead and put the house on the market. We received an offer on the house and it is now in escrow. The buyer of the house will either a) not ask us to repair the floor, b) ask us to repair the floor, or c) ask for a credit for the floor.
If the buyer of the house does not ask us to repair the floor, do the tenants still need to pay us? We would be taking money for a repair that will not be done - is this legal?
Thank you,
Marta Brown
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 2 years ago.

Good afternoon. The intended purpose behind imposing a claim against the tenants, is to make you whole and repair the flooring, placing the home in the same condition, as when it was rented to them. If you imposed a claim and never made the repairs, there could be an argument that you were unjustly enriched. Essentially, you made/profited off of this and never repaired it, as requested. Now, the question would be how they would ever find out, unless they demanded a receipt, showing proof of the repairs, if they are disputing this. They may pay and as long as this is settled, not ask any questions, since they 1) knew the dogs caused the damage and 2) you only are having them pay half, instead of the whole thing.

Expert:  RealEstateAnswer replied 2 years 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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