[franrita]

My property manager told the renters that the final inspection was done and did not notice that my hardwood floors had scratches and gouges on the floors. When I, as the owner, went there I saw the floors. I had a professional flooring repair and refinishing owner come and look at the floor and saw that there were deep scratches.

The renters are telling the property manager they don't feel they should have to have anything withheld (other than carpet shampooing)as property manager didn't tell them during the final inspection. Needless to say final inspection or not, my floors are damaged.

I have one more question; because he told them the final inspection was done, do I have any recourse, after all looks like he errored in not checking with me.
Can you give me any answers.

Are you a Real Estate Lawyer.

Thank you
Frances whitman

[AK lawyer]

Unless your property manager signed some sort of release in your behalf, I believe you could tell the tenant "sorry, but the manager was mistaken. $____ will be deducted from your deposit."

As you may know, in many states, you have a specific number of days to give the tenant an itemization of damages and an accounting of the deposit to be withheld. I suggest you be sure to follow the procedure required in your state.

Yes, I am a real estate lawyer, but not all of the experts on this forum are. They nevertheless are quite knowledgeable on the subject, for the most part.

[franrita]

Thank you for your prompt reply; appreciate.

[Fr_Chuck]

I will differ here, while a final sign off would be normal and expected, if they walked though on the final exit, the property manager is suspose to point out and show them any obvious damage they may be with holding for.

The renter could easily claim that the properly manager or repair people did that "new" damage.
While as a landlord I would attempt to get the renter to pay it, but I could easily see the renter refusing, and depending if your local housing court is pro renter or not, it may not be a slam dunk in court.

Also I would have concern at this point about my property management, and are they bonded and insured if they make a error, so you can hold them liable for the damages if the renter does not pay.

[ScottGem]

Was there a checklist that the property manager and the tenant signed stating this was a final inspection? Without that its going to be up to a judge. And it could go either way. Of course the tenant may not bother going to court over it.

[ballengerb1]

No lawyer here but the property manager works on behalf of the owner and gave his go ahead. If you, the owner, have a beef its with your manager, hold him responsible for neglecting to do the job you paid him to do.