Is a landlord obligated to repay for improvements made by a tenant if the tenant elects not to move in as agreed?

We had an oral agreement with potential tenants that they could make some improvements to the house in exchange for a few month's rent. The tenants proceeded to spend over $10,000 on improvements without notifying us. Before moving in, they decided to rent elsewhere, and are now asking us to reimburse them for everything they have spent thus far. The work is not complete, and it will cost us at least two thousand dollars to make the house liveable for new tenants. What is our obligation?
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Answers (1)

Michael Lee Mau

Michael Lee Mau

Contributor Level 5
It is never advisable to operate under a verbal agreement, as it can lead to situations like this. Based on your version of the agreement, the improvements were exchanged for the first few months rent while they were there doing the improvements. The fact that they later moved out after the first few months, does not mean they are entitled to full reimbursement. However, they could claim reimbursement for the difference between the improvements and the fair rental value of the house, and you could also claim the repair costs, You should consult with a real estate attorney who represents landlords in your home state.

Nothing contained herein shall be construed as specific legal advice, and is provided as general information only. Comments are provided for educational and informational purposes only and should not be utilized without our express written permission. Our practice is generally limited to administrative, state and federal courts in the State of California, United States of America. No attorney-client relationship is express or implied by any aspect of this response. Please consult with your attorney for specific advice.
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