What should I do if I don’t agree with the damages my former landlord is charging me?

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What should I do if I don’t agree with the damages my former landlord is charging me?

I just got an outrageous bill from my old apartment complex. Some of the damages I am willing to pay, but they are charging me for replacing the entire carpet and repainting the walls. I only lived there for a year and didn’t do nearly that much damage. Looking for advice on how to deal with this situation before I call them.

Asked on August 1, 2011 Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have a written lease with your former landlord, read it. Its terms and conditions govern the obligations between you and your former landlord as to the unit you rented. If there is a provision regarding "damages" and normal wear and tear to the unit, its provisions would generally control unless in violation of state law.

Under the laws of most states, a tenant upon vacating the rented unit is not obligated to pay the landlord for normal "wear and tear" also known as usage of the rented unit.

Most units are repainted as a matter of course by the landlord when a tenant moves out and before a new one moves in to make the place desired to be rented more appealing.

As to the carpet that the landlord wants you to replace, what was its condition when you moved in? Brand new? What was its condtion when you moved out?

If the carpet was not brand new when you moved in, it seems unrealistic for the landlord to expect you to pay for brand new carpet after you have moved out.

You should write the former landlord a letter setting forth your position as to the "damages" he wants paid by you to, set forth an offer as to what you are willing to do and wait for the reply.

 

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have a written lease with your former landlord, read it. Its terms and conditions govern the obligations between you and your former landlord as to the unit you rented. If there is a provision regarding "damages" and normal wear and tear to the unit, its provisions would generally control unless in violation of state law.

Under the laws of most states, a tenant upon vacating the rented unit is not obligated to pay the landlord for normal "wear and tear" also known as usage of the rented unit.

Most units are repainted as a matter of course by the landlord when a tenant moves out and before a new one moves in to make the place desired to be rented more appealing.

As to the carpet that the landlord wants you to replace, what was its condition when you moved in? Brand new? What was its condtion when you moved out?

If the carpet was not brand new when you moved in, it seems unrealistic for the landlord to expect you to pay for brand new carpet after you have moved out.

You should write the former landlord a letter setting forth your position as to the "damages" he wants paid by you to, set forth an offer as to what you are willing to do and wait for the reply.

 


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