If an apartment complex is trying to charge us a lot of money post move-out for damages that they have no proof of, can I fight this?

UPDATED: Nov 30, 2011

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If an apartment complex is trying to charge us a lot of money post move-out for damages that they have no proof of, can I fight this?

They say they are charging us because the carpets smelled like urine and had to be replaced. However the replacement form from the carpet company doesn’t site any reason for the replacement and on the video of our post move-out walk-through they don’t mention noticing any smell at all. We agreed to give them our 400$ deposit without argument but they are trying to charge us an additional $800.

Asked on November 30, 2011 under Real Estate Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the property manager is attempting to charge you money post move out for alleged damages to the former rental that you occupied, you have every right to contest the claim. I would do the following:

1. write the former property manager asking for the factual basis the charge and that all proof for the claim be sent to you as soon as possible. Make sure you contest the claim and you keep a copy of the letter for future need.

2. if you are charged the additional amount from your security deposit, your option would be to file a small claims action against the former property manager for the money you deem owed you.

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