former landlord sending a bill for remodeling the apartment.

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former landlord sending a bill for remodeling the apartment.

My sister just moved out of an apartment and received a bill by certified letter

for $1400 over keeping the 4XX deposit. The said 9 tiles were cracked from

the bed rolling over them. They put in new carpet over the tiles after she

moved. Does she have to pay this?

Asked on July 27, 2018 under Real Estate Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

She only has to pay if 1) she (or family members, guests, etc.) caused the damage, and 2) the cost is the actual reasonable cost to repair. If she believes that she is being overbilled for damage to the unit--or that the damage did not occur; or that if the damge occured, she, etc. did not cause it--she could refuse to pay and force the landlord to sue her; the landlord would have to file a lawsuit and prove in court that she caused the damage and the extent of it to recover money from her. Indeed, if she believes she did not even do damage (or otherwise owe the landlord money) in an amount equalling or exceeding the deposit, she could sue the landlord for the return of any part of the deposit she believes is due her, and the landlored would have to establish your sister's fault in causing the damage and the extent/cost of the damage in court to retain the deposit.


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