What to do if f I received a letter from an apartment I moved out of stating that I owe them money for various things that I don’t agree with?
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What to do if f I received a letter from an apartment I moved out of stating that I owe them money for various things that I don’t agree with?
The letter also stated that they will proceed if I don’t respond. Here’s is my question(s): I received the letter 76 days after my move out date. The contents were dated for an earlier date than the envelope. Also, they are trying to charge me for things that I would consider normal wear and tear. They are also trying to say I did not pay my water bill for four months, even though it was added to my rent every month. Since they waited so long to send out this information, are the legally entitled to any money?
Asked on June 18, 2015 under Real Estate Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
They can still charge you for damage they claimed you did 76 days later--that is definitely not too late (they can do this at least two years later). Similarly, they can still try to charge you for the water bill.
To get the money, if you refuse to pay, they'd have to sue you and win. At trial, they'd have to prove that you did the damage and that it was not normal wear and tear, and also that you owed and did not pay the water bill. You could present your own testimony and evidence to the contrary, such as any rent statements or receipts showing the water added to your rent and that you paid it. (Cancelled checks to the landlord can also be helpful.) You might first try to work the matter out without trial: send the landlord a letter, sent some way you can prove delivery (e.g. certified mail with return receipt; fed ex), in detail (and calmly) pointing out where you disagree about about the damages and that you paid the water as part of rent; include any helpful documentation, such as of paying the water. You may be able to get their demand down to a level that you are willing to pay, to avoid the time, cost, and uncertainty of trial.
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