Can I legally dispute move out charges if I requested to be present during the final walk-through but was never notified?

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Can I legally dispute move out charges if I requested to be present during the final walk-through but was never notified?

I requested the right to be present during the final inspection of my apartment, both in writing and verbally. The request was neither granted nor denied, however, now they are charging me for several outrageous fees based upon the final inspection of my apartment which I was not present forThey have provided pictures that I do not believe are from my apartment. This is not the first circumstance in which they have tried to cross me.

Asked on March 30, 2012 under Real Estate Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unless your lease specifically gave you the right to be present during the final walk through, the landlord did not have to allow you to be present and may charge you for damage to the apartment even if you were not there for the walk through. Of course, you only have to pay the reasonable cost to repair damage, other than normal wear and tear, which you in fact caused; if you believe you did not do the purported damage or that the costs are too high, you could fight the charge (e.g. refuse to pay, wait to be sued, then defend; or if the money is takene from your security deposit, sue for its return) on either or both bases, if you believe you have evidence (including credible testimony) on your side.


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