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Possible Counter-suit?

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They do have to pro-rate the carpet depending on the # of years old it is. For example, carpet may have a useful life of 10 years. If you lived there 1 year and the carpet was 4 years old then 1/2 the useful life has past and you would owe half the replacement cost(the remaining useful life being 5 years) Forget what the son said-did he put it in writing? He is not the owner so he does not have final say as to what was damaged or not. Smell can be proved by witnesses and can be very strong to non-smokers even if the smokers don't notice.
 


A walk through now wouldn't prove anything since the Landlord could have repaired some of the claimed damages by now-also they are under no obligation to provide you with one considering it's been a month since you've moved out. A witness can be anyone who entered the house and has smelled the smoke damage. They do not have to be listed under the walk through sheet.
 

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