Repair Estimates

[gman1956]

Jurisdiction

California

We recently moved out of our rental home of four years. There was some damage to one area of the hardwood floors (water spill that soaked into a throw rug that went undetected). While we agree that we caused the damage, the landlord got two bids for the repairs. One estimate was for $1450; the other was for $750. The landlord wants to go with the higher estimate since he believes the highter bid means better quality of work and the contractor has better yelp reviews.

Does he have the right to choose the estimate he wants? I offered to essentially split the difference by saying I would be cool with a $1,000 charge against my deposit, but he is holding a hard line on wanting the more expensive bid. After a great four-year relationship, I'm flabbergasted that he is taking such a hard-nosed approach.

Do I have any recourse? I thought splitting the difference was a fair approach/offer. Please let me know!

 

[mightymoose]

We have no way of knowing if the estimate is fair, but the lanflord isn't obligated to choose the cheapest one.

If you believe the deduction is excessive and you are owed a refund or a portion of it then your option is to go into small claims.the landlord will have to produce documentation justifying all the expenses and the judge will decide what is fair.
If you have any photos of the damage you might try and get your own estimates for comparison.

 

[adjusterjack]

Do I have any recourse? I thought splitting the difference was a fair approach/offer. Please let me know!

Did you get copies of the two estimates? If not, get them.

Then pay the undisputed amount ($750) and he can sue you for the rest if he wants to.

Don't make the mistake of paying nothing because of the disagreement. If he sues you for the $1450 and wins $750 that's a win for him and a judgment on your credit report.

If you pay $750 and he sues you for $700 and loses that's a win for you and no judgment on your credit report.

 

[mightymoose]

Then pay the undisputed amount ($750) and he can sue you for the rest if he wants to.

Unfortunately that won't work in this case. They money is being deducted from the deposit.The tenant would have to sue to get a portion back.

 

[mightymoose]

Just to add, the estimate is one thing but the final bill is another. The landlord should not deduct for an estimate but for actual costs paid.
For all you know the money will be deducted and never even spent on the repair.
If you end up in court there will have to be documentation of actual costs.

 

[zddoodah]

Does he have the right to choose the estimate he wants?

Yes, but that's not likely what you really want to know.

Do I have any recourse?

Recourse for what? We're obviously in no position to assess the reasonableness of either of the two bids.

For starters, how much was your security deposit? If the deposit was $1,450 or more, then the landlord can simply keep the deposit (or only return the amount in excess of $1,450), and the onus will be on to you to sue. On the other hand, if the deposit was less than $1,450, then the landlord can keep it all and demand that you pay more, and you can tell him to pound sand, and he can sue you. As noted above, we're in no position to assess the likely result in either scenario.

 

[txls]

If it were me and two estimates were so far apart, I would ask for a third.