Legal Question in Real Estate Law in Kansas

Debt claimed by Apt. after OK'd walk through

My roomate and I have been out of our old apartment since before Christmas. They OK'd everything (just small an normal, except a torn portion in carpet caused by roomates cat). Now (Feb. 2, 2007) they send a letter stating we need to pay over $900.00 dollars for damage to a door, etc., that was not mentioned or marked down in the walk through. Problem is they did not give a check list to myself or my roomate at the time of the completed walk through. After all of this time are we legally bound to pay this kind of money for things that we say were not caused by us that would amount to this kind of money ...What are our rights and can we fight this?


Asked on 2/03/07, 4:40 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Re: Debt claimed by Apt. after OK'd walk through

Certainly you can raise your defenses, if you have not otherwise waived them. If you are sued, be sure to timely respond with a proper Answer. If the lessor agreed that nothin was missing or damged, then they should not be able to collect for you what they could have clearly seen on the walk through. (If there are hidden damages, that can sometimes be a different thing). As you now know, it was foolish of you to not get a signed copy of the walk through report.

It will now be your word agains ttheres, and they may have pictures or repair estimates.

Given the amount of the claim, you might need to hire an attorney to assist you.

Good Luck

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Answered on 2/05/07, 4:40 pm


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