Help!

[bent-over]

KANSAS
OK We just moved out of our apartment after a bad year. When we got the lease they were nice but that soon ended. A month in we started having problems with the manager. She was later let go and left a mess out of the paperwork in the office. Now we can’t find our walk through paperwork on our end and neither can management they want to charge us 1500 dollars for new carpet when it wasn’t new to begin with and they have no clue when it was put in. Also our Léger is all messed up (you would have to see it to really understand) but it has charges here and credits there nothing adds up their people don’t understand it either. We did break our lease early but we did it through the proper channels. Any advice any agency that could help resolve this

 

[sandyclaus]

KANSAS
OK We just moved out of our apartment after a bad year. When we got the lease they were nice but that soon ended. A month in we started having problems with the manager. She was later let go and left a mess out of the paperwork in the office. Now we can’t find our walk through paperwork on our end and neither can management they want to charge us 1500 dollars for new carpet when it wasn’t new to begin with and they have no clue when it was put in. Also our Léger is all messed up (you would have to see it to really understand) but it has charges here and credits there nothing adds up their people don’t understand it either. We did break our lease early but we did it through the proper channels. Any advice any agency that could help resolve this

If both you and the management are unable to locate the actual final walkthrough paperwork, then how do you expect to fight the additional costs to repair and restore the rental unit to the condition in which they claim it was before you moved in?

As for the carpet, they cannot charge you for the full replacement cost of the carpet if it was not new when you moved in. A carpet has a useful life of between 5-7 years on average. Depending on how old it was when you moved in, and how much more "useful life" it had is the depreciated amount you can be liable for - IF they replace the full carpet. The management office should be able to provide proof for when it was installed in order to determine how long it has been in there and how much they can legally charge you towards it's replacement if needed.

Bottom line, if you do not agree with the amount that they are deducting from your security deposit, then dispute it in writing, and let them know you are willing to take it to court if you need to. Keep in mind that if this issue reaches the court, the LL/management will need to prove all of the deductions they are trying to make to your security deposit, including providing receipts for repairs and/or materials used.

As for breaking the lease "thru the proper channels", I have no idea what that means. Unless they provided you something IN WRITING that allowed you to break the lease with little or no penalty, then you can be held responsible for unpaid rent for the remainder of the lease term, as well as any/all costs associated with finding a new tenant to replace you. If the former manager only "told you", then their words are as good as the paper they are written on (i.e., "if it ain't in writing, it never happened").

 

[bent-over]

we have the proper paperwork on the lease break (and $750 payment) and the carpet is the only major issue. they are trying to say its new and it wasn't when we moved in. they haven't a clue when it was put in or by who for that matter.

thanks for your reply

 

[Who's Liable?]

If you feel the amount is too much, you can argue it in court and ask the LL how long the carpet had been in place.

 

[bent-over]

they don't know nor have record.

 

[Searchertwin]

KANSAS
OK We just moved out of our apartment after a bad year. When we got the lease they were nice but that soon ended. A month in we started having problems with the manager. She was later let go and left a mess out of the paperwork in the office. Now we can’t find our walk through paperwork on our end and neither can management they want to charge us 1500 dollars for new carpet when it wasn’t new to begin with and they have no clue when it was put in. Also our Léger is all messed up (you would have to see it to really understand) but it has charges here and credits there nothing adds up their people don’t understand it either. We did break our lease early but we did it through the proper channels. Any advice any agency that could help resolve this

On the carpet. Since neither one has documents, than the best way to handle this is to send management a crr letter indicating that you have lived there a year, and the carpets were not that new. Try not to add things that are not truthful, like it was dirty, moldy, etc. Suggest that since they cannot find the paper work, that you are willing to settle on the price they indicated at 1500 less 5 years depreciation. And if they don't inform that you will take the matter to court and let them decide.
If they don't have back-up paperwork, they might just do it.

 

[Who's Liable?]

they don't know nor have record.

That is not your problem.