Hired a company to remove a blood stain from my rental after a tenant passed away, When the work was completed I was handed the key and put the unit back into rental and secured a lease to start a month later. A month went by then the tenant moved and moved out the next day after complaining of a bad smell. The compnay went back to my request and they found out they missed a spot under a drywall. They opened it and cleaned it. The company's negligence cost me one month of rent (1600$) waisted (and a tenant). However I found a new Tenant to move in right away. When I asked the company they said there is nothing they can do about that and refused to pay to cover the loss they caused me.
It it fair to go to court and request that ? If so is this called a small claim ?
You should review the contract you had with the company. There may be a clause/ disclaimer regarding liability related to any negligence or stating no guarantee regarding the cleaning. That could make any claim against them potentially more difficult
The above answer is for general informational and educational purposes only and is in no way to be construed as legal advice, nor does it imply any liability, attorney-client relationship nor representation on the part of the attorney who answered this question. Licensed in MD.
Any claim under $5,000 is a small claim matter. You start with the contract. If it states they will inspect the property and remove all stains, bodily fluids and odors, without any disclaimers or limitations (like "visible" or "detectable" by ordinary visual or sensory observation, or not latent residues), and this odor and residue is of a type that they should have detected or discovered it, then you have a claim. You bear the burden of proof to convince the judge, however. How detectable was the odor and/or residue? Obviously the tenant could smell it. You may need the tenant to testify that the odor was present the entire time they were there. However you obviously didn't notice it prior to renting out the room. If the problem could only be discovered by ripping out drywall, then I doubt the cleaning company would be responsible for not finding it absent an obvious odor or stain there.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline