Am I liable for damage done to my apartment's hallway even if I didn't do it?
Question:Let me explain: Recently my landlords sent me a letter saying I owe them several thousands of $'s for damage done to the hallway carpet outside my door. The damage is not mine and has been there since I moved in as well as several other stains and marks throughout the hallway. Am I liable to pay for this? I feel like without proof they can not charge me for damage in a public area and blame me for it. I also don't feel that they can charge me to replace the hallway carpets for the entire apartment. Can anyone give me any advice/help? I really appreciate it!
Answers:
IF IT WAS LIKE THAT WHEN YOU MOVED IN YOU SHOULD HAVE NOTED IT ON THE LEASE SO THEY COULDNT STICK YOU WITH REPAIRS LATER, CHANCES ARE UNLESS YOU CAN PROVE IT THEY CAN MAKE YOU PAY...SORRY IT IS THEIR WORD AGAINST YOURS*
yeah, get a lawyer, that's 'common area' and not your liability.
NO! you are not liable unless you maliciously did the damage in which they need proof w/documentation of the day, time and event.
They can attempt to take you to court so let them.
The proof is still on them.
Advice... use up your security deposit for your last month(s) rent and greet them in "landlord court" you will still win as a landlord cannot keep your deposit if you lived up to the renter agreement period! (so take pictures before you move out of your dwelling)
OR if your don't want to deal with the situation that way, assume the worst scenario and kiss your deposit good bye.
Either way (in your case) they have to have actual proof you did the damage to take action any further than keeping your deposit.
A LOT of people think it's legal for landlord's to withhold deposits and it is not!, but the only way to avoid the risk with a shady landlord is to use it up at the end of your lease which is perfectly legal assuming your dwelling is in the same condition as when you moved in.
I never left a rental property without taking pictures as I walked out the door (cuz I once worked for a large apartment complex) and in this era its so easy to video the place. I WOULD NEVER RISK not having my own proof. (if possible.
You do not rent the hallway. Unless there is proof that you (yourself) did the damage, the landlord is out of luck. Check your paperwork for wording on the deposit. Most areas do not allow the deposit to be used for anything but damage IN the dwelling you are renting (apartment). Out of fairness, I would ask the landlord how he/she arrived at the conclusion you should pay for this damage.
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