Legal Question in Credit and Debt Law in Kansas
Admit to owing part of the debt
I'm in a situation where a former landlord is trying to claim damages and lease cancellation. I'm confident on the lease cancellation that I am covered under a job transfer clause and would be willing to go to court over that matter. However, they are claiming carpet damage and am not sure I can prove that the damage was reasonable wear and tear because the carpet was old when I moved in and I was told it would need to be replaced at the beginning of my two year contract, but that was all verbal. The problem I have is that if I go to court, even admitting partial liability, the judgement will still be in favor of the plaintif and will go on my record and they will probably be awarded attorney costs and interest. Is there anyway to be heard in defense of one charge without having the damage of a judgement for the other?
1 Answer from Attorneys
Re: Admit to owing part of the debt
If you are being sued in small claims court, you can tell the Judge about the conversation abou thte age of the carpet, and ask the Judge to ask the Plaintiff about the age of the carpet,a nd how many other renters used it. If they sue you in circuit or assiciate circuit court, you or your attorney can ask the plaintiff directly about the age and previous condition of the carpet. That is so, if they are clkaiming ruination of the carpert. If they are just saying that you left the carpert very dirty,a nd they had to pay someone to claen it, then you must see the invoice for the cleaning before paying for it. As long as they can show what they paid, it is neraly impossible to defend a dirty carpert claim, unless you have pictures or some other evidence to refute the claim.
If they have not filed suit yet, you should ask for a copy of any cleaning bills, they supposedly paid. You might also remind them of the previous conversation about replacing the carpet.
Good Luck,
Tony Smith
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