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Infolawyer
Infolawyer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 53914
Experience:  Experience representing landlords and tenants.
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I recently moved out of my apartment, and the property

Customer Question

I recently moved out of my apartment, and the property managers tried sticking me with a bunch of bogus charges. Some of them were flat-out miscalculations and double billings, some of them were “judgment calls” like trying to say I damaged the carpet, when I think any reasonable person would say it’s normal wear-and-tear.
So I took the invoice they sent me, fixed all the math, removed the damage charges and sent them a corrected invoice and a letter along with a check for the remaining balance of about $50. In my letter I stated that this check would satisfy my account in full. The check cleared the bank, and I never heard a peep out of them until this weekend when I got a letter from the parent company in Seattle saying I still owed almost $700 - basically they sent me the same garbage invoice, less the $50 I paid last month.
My first question is do the actions above constitute offer/acceptance? It seems to me that if they didn’t agree the check satisfied full payment on my account then they shouldn’t have cashed it and made it clear that they weren’t accepting my corrected invoice and payment.
If it’s not offer/acceptance, how can I prove wear-and-tear if they claim damage? There is no way I’m paying them to replace 3 year-old cheap carpet, but then they’ll just turn me over to collections and it will hit my credit rating!
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Infolawyer replied 1 year ago.

Hello

Expert:  Infolawyer replied 1 year ago.

Legally, landlord has to provide receipts and establish that any charges were incurred, due to your negligent use. Normal wear and tear is a landlord expense. Beyond that you raise a valid concern of wrongful reporting and harm to credit. This can be dealt with in one of several ways. 1. negotiate a settlement. 2. contest and hope landlord doesnt file. contest, and if wrongly filed, have it removed by court and sue for damages.

Expert:  Infolawyer replied 1 year ago.

If I can clarify anything, ask me.

Kindly click on an excellent rating.

Expert:  Infolawyer replied 1 year ago.

awaiting your reply/rating, thanks.