Registered: 1280939107 Posts: 3
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We tried to sell our home last year, but had to rent instead. We have a property manager as we are too far from the house to take care of things.
We put the house back on the market this past April, and just sold it. The buyer noticed soot had collected on paint in the living room. Upon investigation the PM found out the ventless fireplace wasn't working properly. The soot was bad enough that cleaning didn't work, and noticeable enough that repainting was added as a contingency in the sales contract. As I see it, since it was so noticeable they had a responsibility to notify us about the soot last winter when they used the fireplace so much, rather than leave it to now. The lease just says that any damage beyond normal wear and tear is their responsibility (Mississippi). We got the room painted for a fairly reasonable $390, which is only 1/4 of the deposit. Am I right to charge them.? I feel justified, but it seems somewhat subjective. Something that colors my attitude is that it was written in the lease that they would keep the house in showing condition when we put it back on the market toward the end of their lease. We also had a verbal agreement to have an open house at some point in the spring. When we tried to schedule the open house the ultimately balked citing the lease only required them to show the property, not have an open house. Thus I feel since they invoked the letter of the lease, so should I... and although it was our equipment, their failure to alert us and continued use of malfunctioning equipment, to the point we had to paint the room to correct the problem (cleaning wouldn't work), places it beyond normal wear and tear. Thoughts?