Legal Question in Landlord & Tenant Law in Missouri

Security Deposit and Charges

I have been charged an excessive amount after moving out. One of the charges was $500 for painting the interior apartment walls. My walls were in the same condition when i moved out as when i moved in. Any damage was ''ordinary wear and tear.'' My lease has a provision that all legal fees are paid by lessee. Therefore, i am reluctant to go to small claims court, i do not want to pay their legal fees. Would i have to pay legal fees if i won? What other options would i have? Could i ask the prosecutor to investigate this so i avoid legal fees? (i was given notice of charges within 30 days of move out)


Asked on 8/27/06, 6:58 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Security Deposit and Charges

If you have pictures and witnesses who will be willing to come to court, you can sue under Chapter 535 and you have at least a reasonable chance of winning. $500 to repaint an apartment is a bit extreme. It sounds like a built-in profit margin to me.

If you sue the landlord in small claims court and prevail, you would not have to pay legal fees. In most cases the "legal fees" part of the lease only applies if they have to sue you, for example, to collect back rent, but a lawyer should probably read the agreement and provide you with some advice on that.

But, again, if its your word against the landlord, you're in a weaker position than if you have a friend or relative who was in the apartment the week before you moved out, saw the condition of the walls, and paint, and can testify in your favor. Absent that, photos of the interior prior to move out are always a good idea.

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Answered on 8/28/06, 9:10 am


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