If a lease states I am liable for any damages found after move-out inspection, can they still claim damages after sending me a final notice of account?

Get Legal Help Today

 Secured with SHA-256 Encryption

If a lease states I am liable for any damages found after move-out inspection, can they still claim damages after sending me a final notice of account?

 My lease expired on 2 months ago. I was sent my final notice of accounting on the 1st of last month. They kepy my entire security deposit ($375), plus billed me another $320 for other damages. While I was not happy about them, I reluctantly paid it and figured I was done. Then 6 weeks after my lease expired) I got a phone call saying there was a stain that cannot be removed in a bedroom and they will need to replace the entire carpet and charge me $1700 for it. This was not listed on my final notice of accounting. Only carpet cleaning was listed. Can they come back to me sending the final notice of accounting and claim I owe them this money. One thing to note (I know this is my bad for not reading this ahead of time) the lease does state that they can still charge me for things found after the final move-out inspection. However, even with this, I feel they cannot come back 6 weeks after my lease and 3 weeks after the final notice of accounting and claim I owe this.

Asked on December 5, 2011 under Real Estate Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. If you received a final notice of accounting with respect to your move out from your former rental and six (6) weeks later you received another notice from your former landlord seeking addiitonal money supposedly for damaged carpet and a stain where $1,700 more money is requested from you, I would take the position that you have paid what was owed and no more.

If a stain cannot be removed from the bedroom, possibly a carpet patch can be placed instead of a whole new carpet. Many times former landlords claim carpet replacement from the former tenant and charge such a fee where if paid by the tenant, many times the landlord simply pockets the money and never replaces the carpet.


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 with SHA-256 Encryption