What to do if my old apartment complex is charging me for new carpetalleging that I left the carpet in horrible condition?

My old apartment is charging me for new carpet and I have tried to talk to the complex but they are unhelpful and referred me to the management company that own the complex while I lived there. The apartment complex has changed management company last month and I was wondering Who would I be able to take to small claims – the apartment complex or management company? What if the management company is in a different state?

Asked on October 7, 2011 under Real Estate Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

As a tenant, you are not liable for ordinary wear and tear on the carpet.  The security deposit should cover damage to the carpet. 

Your lawsuit in Small Claims Court should name the landlord, apartment complex and the former property management company (that was there when you were a tenant) as defendants.

A lawsuit can be filed where the plaintiff resides or where the defendant resides or where the claim arose.  If the management company is in a different state, you can still file your lawsuit in your state.  

You will need to have all named defendants served with the summons and complaint by a process server. The complaint is your lawsuit attached to the summons. If the management company is in a different state, use a process server that is in or near the city where the property management company is located.  You can find process servers listed under attorney services either online or in the Yellow Pages.

Your damages (the amount of compensation you are seeking to recover in your lawsuit) should include court costs.  Court costs are the court filing fee and process server fee.  


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