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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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We have terminated our lease. The landlord gave us permission

Resolved Question:

We have terminated our lease. The landlord gave us permission to hang up our artwork. Now he wants us to pay to fill up the holes etc and deduct that expense from the deposit. Is that right?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Did he specify how they could be hung? Some contracts prohibit the use of safety pins.
Customer: replied 1 year ago.
Not at all. We confirmed that we would use a contractor recommended by the realtor, even though they did not request that. The contract does have the usual return the property back to the orig condition clause but their permission re artwork hanging was unconditional. That was unlike the permission re use of the fireplace, for example.
Thank you
Customer: replied 1 year ago.
Hi Jo are you there?
Expert:  Jo C. replied 1 year ago.
It is difficult to tell what view would be taken of that.
Clearly they could rely on the contract which demands that it should be returned to its original condition but then the subsequent permission to hang artwork was granted and that could only really be achieved by using hanging nails of some form or another.
The trouble with this is that if they have your deposit then they could just make deductions. On the positive side though you could complain to the scheme which would be free to do. I think, overall, I would suggest doing that. You might lose if they do refuse to concede but it is a free challenge to bring and there is certainly an argument in your favour.
I suppose they could argue that it was implicit in the permission that there would be no damage but I would argue the point anyway.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69528
Experience: Over 5 years in practice
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