Walls damaged due to flooding in apartment landlord wants to charge me

[djr48312]

I'm in Texas.

I rented a 1 bedroom apartment in Frisco Texas for 4.5 years. There were four flooding incidents. One winter flooding incident where there were pipes burst throughout the complex, it left a few inches of standing water in the apartment. Two incidents were water heater pipes burst, hitting the wall from behind in the living room. And an incident where the apartment above us flooded dropping water into my front closet.

For each of the flooding incidents, the maintenance came out with suction devices to clear water, and had n air blower to blow into the area affected and wet walls, etc. So they moved furniture and moved it back when complete.

When i moved out of the apartment i moved the front couch off of the wall and there was mold behind the couch. There was also mold in the front closet because there were boxes obscuring them. This was from the walls being wet from the flooding incidents.


On the move out, they want to charge me $350 for "drywall repairs". I explained that the mold was a result of the wet walls which were a result of their pipes bursting, and they sent out their staff to take care of it each time.

I was wondering if there was any feedback or guidance on this. I looked at an attourney but they want to charge me $200/hr minimum for consultation and will not call the landlord.

 

[Zigner]

They "want to" charge you? Are you saying that they refunded your money and withheld the $350, or are you saying that they haven't refunded your money yet, but they are talking about withholding the $350?

 

[adjusterjack]

I explained that the mold was a result of the wet walls which were a result of their pipes bursting, and they sent out their staff to take care of it each time.

What did "they" say when you told them that?

Meantime, here is the TX security deposit statute.

Texas Property Code Title 8, Chapter 92, Subchapter C (2022) - Security Deposits :: 2022 Texas Statutes :: US Codes and Statutes :: US Law :: Justia

As of right now, tell us, specifically, how the landlord is NOT complying with it.

 

[djr48312]

They "want to" charge you? Are you saying that they refunded your money and withheld the $350, or are you saying that they haven't refunded your money yet, but they are talking about withholding the $350?

Hi,

Thanks for responding. In the "final account statement" there is a $350 fee titled "Damage Charges - Sheetrock repair". They are attempting to bill me this.

 

[djr48312]

What did "they" say when you told them that?

Meantime, here is the TX security deposit statute.

Texas Property Code Title 8, Chapter 92, Subchapter C (2022) - Security Deposits :: 2022 Texas Statutes :: US Codes and Statutes :: US Law :: Justia

As of right now, tell us, specifically, how the landlord is NOT complying with it.

"They" believe it was my responsibility. I explained that the mold was a result of the flooding damage, which was a result of their own pipes bursting. I explained that they sent maintenance staff each time, and cleared the standing water. They employed air blowers in the apartment for 1-3 days to dry walls and other affected areas. When they were happy with their correction, they removed their equipment and moved my furniture and other items back. The mold was not visible until i moved out. They feel it was my responsibility.

 

[Zigner]

Have they returned your security deposit?

 

[adjusterjack]

They feel it was my responsibility.

Did they say WHY it was your responsibility?

They are attempting to bill me

There is no "attempt" to bill, there is only bill or not bill.

The way security deposit refunds are supposed to work is that the landlord sends you a check less deductions along with an itemization of those deductions.

Is that what happened?

If not, you'll have to explain what happened because what happened will determine what, if anything, you do next.

 

[djr48312]

Did they say WHY it was your responsibility?



There is no "attempt" to bill, there is only bill or not bill.

The way security deposit refunds are supposed to work is that the landlord sends you a check less deductions along with an itemization of those deductions.

Is that what happened?

If not, you'll have to explain what happened because what happened will determine what, if anything, you do next.

They are billing me on the move out. The security deposit has been absorbed by the two months of rent they are billing me due to not alerting them that i would be moving out. I was not 100% aware i had to let them know. I figured if i didn't sign a new lease it would end. On their end, they ended the original lease but moved me to a "month by month" for after the lease period. They charged me two months in that final billing as well as the $350 for the drywall repairs.

On my end, i'm going to let it go to collections and I will let it sit for almost a year and i will pay a little less than 50% to take care of it i a settlement. I still want the $350 off of the bill.

 

[zddoodah]

I guess you're fortunate that you don't have a security deposit from which the landlord could deduct this.

The landlord likely isn't going to sue over $350, so either nothing will come of it or you'll get hounded by a collection agency. If you think the landlord might accept 50% to settle, why not offer that now and save yourself the hassle (and the potential damage to your credit score)?

 

[djr48312]

I guess you're fortunate that you don't have a security deposit from which the landlord could deduct this.

The landlord likely isn't going to sue over $350, so either nothing will come of it or you'll get hounded by a collection agency. If you think the landlord might accept 50% to settle, why not offer that now and save yourself the hassle (and the potential damage to your credit score)?

I've had a similar situation in the past, and they will accept the settlement and clear it from the credit report with a "paid in full" letter. The settlement is a little less than 50%.

But now that you are talking about it, i could think of some settlement options. They did give me an option to pay 10% less than that full amount if i come up with it in 30 days and another option to pay 1/12th of it for 12 months.

 

[Zigner]

Ya know...I had a bit of sympathy for you at first, but your last two posts disabused me of that.

 

[djr48312]

Ya know...I had a bit of sympathy for you at first, but your last two posts disabused me of that.

So you feel they should be able to charge me for walls that their burst pipes damaged? I wasn't trying to find sympathy, i was looking for someone who had a similar situation of a bogus charge.

 

[djr48312]

Did they say WHY it was your responsibility?



There is no "attempt" to bill, there is only bill or not bill.

The way security deposit refunds are supposed to work is that the landlord sends you a check less deductions along with an itemization of those deductions.

Is that what happened?

If not, you'll have to explain what happened because what happened will determine what, if anything, you do next.

I will revisit and open a new call with them and see "why" they feel the flood damaged walls are my responsibility.

 

[djr48312]

Did they say WHY it was your responsibility?



There is no "attempt" to bill, there is only bill or not bill.

The way security deposit refunds are supposed to work is that the landlord sends you a check less deductions along with an itemization of those deductions.

Is that what happened?

If not, you'll have to explain what happened because what happened will determine what, if anything, you do next.

So after describing the situation, can they charge me for the two months of "month-to-month"? I'm also going to let them explain to me why the flood damaged walls are my responsibility.

 

[Zigner]

So after describing the situation, can they charge me for the two months of "month-to-month"? I'm also going to let them explain to me why the flood damaged walls are my responsibility.

You lived there - of course they can charge you rent.
As for the walls, you have a good case.