After a landlord has given notice to impose claim against a tenant, do they need to send a bill showing the breakdown of charges?
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After a landlord has given notice to impose claim against a tenant, do they need to send a bill showing the breakdown of charges?
I recently broke my lease at my apartment complex and left with a big bleach stain in the carpet that I knew they were going to charge me for. I received a notice to impose claim letter stating I owed $900 for the carpet. The leasing office said that they needed to replace the whole unit’s carpet. I asked them for an invoice of the job done but they said they have not fixed it yet. I followed up with them a couple weeks later and the manager says that “she hasn’t calculated out the charges yet”. The lease states that I only pay for a percentage of the carpet depending on how long it is, does this come into affect in my case? It’s been over a month.
Asked on August 6, 2015 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
They are not required to provide you an invoice outside of court. If you and they end up in court (either you suing them to get money they withheld from your security deposit back, or them suing you because your security deposit did not cover all costs, unpaid rent, and damages), they will have to provide proof of the work and its cost. If your lease states that you would only pay for a percentage of carpet, then if that applies to this situation (e.g. damage, not just wear and tear), you would only have to pay that percentage: a lease is a contract, and if it limits your liability, that limitation is legal and enforceable.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
They are not required to provide you an invoice outside of court. If you and they end up in court (either you suing them to get money they withheld from your security deposit back, or them suing you because your security deposit did not cover all costs, unpaid rent, and damages), they will have to provide proof of the work and its cost. If your lease states that you would only pay for a percentage of carpet, then if that applies to this situation (e.g. damage, not just wear and tear), you would only have to pay that percentage: a lease is a contract, and if it limits your liability, that limitation is legal and enforceable.
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