Legal Question in Real Estate Law in Texas
Bill for property damage without proof
I received a bill from my landlord for replacing the carpet in my previous apartment. They stated there were spots they could not clean. They have nothing written, or other evidence, that records this fact. All they have is the receipt for the replacement, and verbal accounts. I had four people with me when I moved out. They can attest that there were no such spots anywhere in the apartment. Can the landlord bill me for something without tangible proof? Thank you.
1 Answer from Attorneys
Re: Bill for property damage without proof
You have a classic landlord/tennant dispute. The question is not whether or not he can bill you [obviously he can, he has] but whether or not you must pay the bill.
The answer is "no." If you have solid proof that the carpet was in as good a condition as when you moved in, less ordinary wear and tear, then you owe him nothing.
I would do nothing if I were you, and if he sues you defend upon the basis you have explained and counterclaim for whatever damages his actions cause you.
good luck.
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