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Marsha411JD, Attorney
Category: Landlord-Tenant
Satisfied Customers: 20130
Experience:  Licensed Attorney with 29 yrs. exp in Landlord Tenant issues
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My friend move out of an apartment recently. During the time

Customer Question

My friend move out of an apartment recently. During the time she lived there, the door to her apartment never functioned correctly, top lock was broken, little connection to the floor etc. During some very heavy rains, water seeped in under the door and caused water damage to the apartment. It got so bad that mildew and mushrooms grew around the apartment. Four times she spoke to the office in person so that they would either clean/replace the carpets and remove the mushrooms. Each time the mushrooms were simply pulled up with no cleaning being done. After this she moved out and now has received a bill for $1000 for the carpets to be replaced which she cannot afford. What should she do?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Marsha411JD replied 1 year ago.


Thank you for the information and your question. However, in order to assist you I will need some additional information. Did your friend note, or report, the door issue when she moved in or when she reported the flooding? Also, is this "bill" she received a itemized set off from her security deposit or in addition to set off from her security deposit? How long after she moved did she receive the bill?

Customer: replied 1 year ago.
The bill is in addition from her security deposit. She received it about three weeks after she moved out. She is no longer in the same city that this apartment is in, or anywhere close. As for the door I will have to call and ask, she is in a meeting right now so I might not know for awhile.
Expert:  Marsha411JD replied 1 year ago.

Alright, well, if she reported the door problem either when she moved in or when she reported the carpet issue, then she would have a good defense to any suit for the carpet replacement. Also, just a note, her landlord had a legal duty to send her security deposit refund or a completely itemized list of repairs for damages that she actually caused (not normal wear and tear or pre-existing damages) within 30 days of her move out. If they didn't do that, she has a right to file suit in small claims court (the County where the property is) for a complete refund.

As for the carpet, as I mentioned, if she isn't responsible for the damages and can convince a court that this was due to a pre-existing flaw, she doesn't owe the money. She can write the landlord back and tell them that. If they sue, they have to try to prove that she was responsible for the damages, that is was more than normal wear and tear and that the costs are reasonable.

Please feel free to ask for clarification if needed.

Expert:  Marsha411JD replied 1 year ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answers I provided to you on the 8th. For some unknown reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid) for our work, that the customer thinks have gone through. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at:

Thank you.

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