PDA

View Full Version : Handyman has 1/2 deposit and will not finish agreed upon project or return deposit


sharanne
Mar 28, 2012, 11:21 AM
I hired a handyman to remodel a small bathroom. He explained what he would do, which consisted of gutting the bathroom, installing wall board consistent with codes, installing a new tub, vanity, mirrors, medicine cabinet, lighting (he threw away what was there); replacing the toilet, tiling the floor and walls.
He asked for $2000, labor costs only, and I was to purchase all materials. I paid him $1000 deposit.
He gutted most of the bathroom, leaving a mirror, removing unnecessary wall board, and damaging some plywood. He did not contain dust and he also left stains on the carpet in front of the bathroom and did not clean up. His truck left several oil stains on the driveway, which he said he would clean up.
I asked him to clean the stains on the driveway before continuing with the bathroom as they were unsightly and could potentially ruin the asphalt. He hung up on me and has not returned. He responded to my request to return the deposit by saying he completed half the job and deserves half the money.
Partially gutting the bathroom is not nearly half the job. Checking with other bathroom remodelers, the cost of gutting is less than 10% of the total job. Our deal was to complete the bathroom. He does not intend to do that. He has had two weeks to rectify the situation and he has done nothing.
His ad said that he was licensed and gave an invalid number. His ad said his company was an LLC. Virginia does not have any record of that. Given the damage in his wake he owes me money. I should at the least have the deposit returned.
I was negligent in not having a written contract. I cannot find an address for him. The checks were either endorsed over to his wife, or written to his wife.
Does this qualify for me to file a Theft by Deception report?

AK lawyer
Mar 28, 2012, 12:12 PM
... His ad said that he was licensed and gave an invalid number. His ad said his company was an LLC. Virginia does not have any record of that. Given the damage in his wake he owes me money. I should at the least have the deposit returned.
I was negligent in not having a written contract. I cannot find an address for him. The checks were either endorsed over to his wife, or written to his wife.
Does this qualify for me to file a Theft by Deception report?

Not being a genuine LLC is a good thing. You could sue him personally, if you can find him and if he has assets (both of which are doubtful). But if the checks were endorsed to his wife, and paid to her, I would consider suing her as well.

It could well be theft by deception. Run it up the flagpole (file the report) and see if the cops will salute.