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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 12 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 12 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.

 


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption