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


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.

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