What to do if my old apartment complex is charging me for new carpetalleging that I left the carpet in horrible condition?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.