Can a landlord charge you for additional damages even though they were not stated on the move-out inspection?

Question

I moved out of my apartment and did a move-out inspection. There was no damage noted to the carpet or that there was a smell in the apartment. Now my landlord wants me to pay a lot of money because they put new carpet in because they said it smelled like my dog. They even did a black light test. Also they did not inform me that there was a problem before they tore the old carpet out. Can they do this legally?

Answer 1

Yes, unless you have pix to backed up the condition that your apartment were in when the time you moved out, or atleast a witness with you there. That way you can dispute this charge that your ex-landlord tried to hold you for the so called "damage" to your apartment when moved out.

Answer 2

Pet odor problems are difficult to pin down at the final inspection because the unit has just been cleaned and the smell of cleansers overpowers any other odors. If your lease requires you to have the carpets cleaned, that can also mask the smell for several days. After the place is empty for a week or so you can tell what it will smell like when the perfume has worn off. It's not uncommon for pet odor problems to become an issue after the final inspection.

You shouldn't be billed the full cost of new carpet if the carpet that was damaged was not new. The courts in my area require flooring to be depreciated on a 10 year scale, meaning if the carpet you damaged was 5 years old - you pay only half of the replacement cost.

You can certainly file suit to recover some or all of the expense. Your strongest position would be if they charged you full price for old carpet. Otherwise it will be your story against the landlord's and the judge will determine what he/she feels is fair in view of the circumstances.

Answer 3

The answer probably depends on the laws where you are located. You should consult with a lawyer in your area.

Generally speaking, a landlord is entitled to seek compensation for "unusual" wear & tear, or damage. Landlords are generally required to provide an accounting of what they did with any deposit, as well as an itemized statement for any claimed damage.

You say that you did a "move-out inspection." I take it that you had the landlord come into the apartment and inspect for damage before you tendered possession? If that is the case, and no damage was noted on the inspection, you certainly may have a strong defense to any claims against you. The problem is that apartment complexes are notorious for employing underhanded techniques to try to collect money from you. They likey will not file any type of legal action, but instead will turn your "account" over to collections, who will then hound you for the next ten years and place bad information on your credit file.

Your best bet may be to consult a lawyer and threaten legal action against them.

Good luck!

Answer 4

Typically, when you move in you do a walkthrough with the landlord and make a note of all the damage that you as a tenant don't want to be responsible to repair.

When you move out, your landlord has 14 days after you move all your stuff out to do the closing walkthrough. If he makes note of any damage that he would like to charge you for, the burden of proof is his. You can challenge him in court and ask him to prove it. All you have to do is tell the judge that you didn't note any odor or damage, and he has to trump you with evidence. Witnesses aren't enough. All you have to do is say that the witness is not an unbiased source and request a better standard of evidence.

Answer 5

it really is the reason you've pre and submit inspections, to create data to help the declare of harm or lack thereof. For the owner to declare harm with out any documentation does rigidity you right into a he reported / she reported situation. The plaintiff, your landlord, ought to ought to educate the wear and tear and tear as antagonistic to you proving the shortcoming thereof. regardless of the indisputable fact that, on account that he already has you money, then you absolutely grow to be the plaintiff with the intention to get the money again, meaning you ought to educate the shortcoming of harm extremely of him proving the existence thereof. herald as many witnesses as you may corral to testify that the residing house is the exact same as once you moved in. All harm claimed via the owner grow to be preexisting. if he can not herald witnesses to rebut your witnesses, then you absolutely ought to have the preponderance of the data. solid success to you.

Answer 6

An apartment complex I once lived in (in Texas) did this all the time. They got sued and lost the case.

Answer 7

Take him to small claims court.

Take your copy of the move-out inspection.

No damage means "norman wear and tear"