What to do if I moved out of an apartment but didn’t do a walk-through and now the owner wants to overcharge me for damage that I did not do?

Last year I moved out of an apartment, cleaned and did all the normal duties before I moved out. After waiting on a time to do the check-out on the apartment I never received a time but instead I receive a bill of over $300 that I owe. I don’t not agree with the charges and I asked for pictures of both the damages and the fixed property, I didn’t receive either. I go to court to dispute the charges and I want to know if there is some type of law that protects me from being falsely charged for normal wear and tear and also since the walk-through was done without my knowledge?

Asked on May 29, 2012 under Real Estate Law, Kansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In the state of Kansas  a landlord is required to return the tenant's security deposit within 30 days after the tenant has "surrendered" the rental property to the landlord.  That means returning the keys and leaving the property.  The law can be found under Kansas Statutes Annotated §§ 58-2550 and 58-2548.   Now, did the landlord provide an itemized list of damage they claim you made? They must and if they do not comply with same you may sue for 1 1/2 times the security deposit in small claims court if the amount is less than $1,800.  You can fight the list once you see it.  Good luck.


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.