Legal Question in Real Estate Law in Texas
Dispute over carpet replacement after move-out.
I was contacted by mail and informed by the complex that I owe the $664.26 for ''carpet repalcement due to beyond normal wear and tear.'' This was sent to me 4 weeks after leaving the apartment. Since I was never notified of a problem, and since I am now in a word against word situation, (neither side has any proof, i.e. photos, video, etc) my question is, who has the burden of proof? I beleive the management of the complex does since they are making the damage claim.
1 Answer from Attorneys
Re: Dispute over carpet replacement after move-out.
Hello --
The short answer to your question would be that the complex would have the burden of proof here. It would be the complex who would have to bring suit and prove to a judge or jury by the preponderance of the evidence that the carpet was in need of replacement due to your fault and that you owe for replacement.
I hope this answers your question. If not or if you have further questions, please feel free to e-mail me at the address below.
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