Posted by PK on February 08, 1999 at 03:27:35:
In Reply to: I have no proof that damage existed prior, HELP!! posted by l1z on February 03, 1999 at 15:36:14:
: When I moved in to my last apartment the carpet was torn up and needed replacing. The management suggested that since I have pets, if I didn't mind, I should/could keep the old carpet and assure that I wouldn't be charged for repair/replacement. The previous tennant was the leasing agent, and she never gave us a copy of the inspection, and said that she would put all the info on the inspection later - stupidly, we signed the form without the carpet on there. Although there should be record of this in the previous file, they can no longer seem to find it, and are charging me $1500 to replace all the carpet in the unit! What do I do? Do I need a lawyer yet? When do I need one? Do I need one?
In the State of Connecticut, it is the LANDLORD's responsibility to establish the condition of the premises when the tenant moved in. This is probably true in your state too. So if you take the landlord to court, and if it is your word versus his, then you will probably win: the LANDLORD bears the burden of proof (at least in Connecticut) in all elements of a damage claim.
(I am not a lawyer, and this does not constitute legal advice.)
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