Legal Question in Real Estate Law in Nebraska

excessive charges for rental damages

i moved out of a rental house after 4yrs of occupency. I paid over 1200.00 for a security deposit. My landlord says the house is a mess and it is going to cost her over 5000.00 to recarpet and repaint and if i don't pay her, she is going to sue me. what are my rights?


Asked on 9/29/03, 4:06 pm

1 Answer from Attorneys

William Jones William P. Jones, Attorney-at-Law

Re: excessive charges for rental damages

A tenant is responsible for damage done to the rental property. They are not responsible for normal wear and tear on the property. So, if the unit needs repainting because you spray painted pictures of Elvis on the walls, you're responsible for the repainting. If you had a grease fire in the kitchen and the smoke damaged the carpet and paint, you can be charged by the landlord. However, if the carpet just wore out from normal use, and the paint needs updated- that is a normal cost of doing business as a landlord and you are not responsible. Ask for an itemized list of the repairs the landlord claims are necessary, estimates of the cost of repairs from the people who will do them, and contact information for those people. You should also contact whoever saw the unit when you moved out so they can testify about the condition of the unit when you left.

In the future, it never hurts to take a quick video of the apartment/house after you've emptied it out so that you can show how it looked and nobody can claim more damage than what was actually there.

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Answered on 10/06/03, 12:52 pm


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