Q: my landlord says they mailed me final accounting of apartment deposit but I never received it, are they in violation?
I called and they emailed it to me but it was 36 days after we moved out, and they kept entire deposit plus they are trying to charge me 998.54 more as they say the carpet was damaged but it was not. We took pictures when we moved out and it was in good condition. I asked to see their pictures but 3 weeks later they still hand not supplied me with them because they said they could not down load them. I took time off of work and drove to Portland to see them, the picture they showed me was a close up of carpet so have no way of knowing where said spot was and you but was told it was in the living room. We took pictures of entire living room and there was no spot. I asked for clarification and documentation from their vendor but they said they did not have to supply me with this information but would talk with them. Now received email from them with a deduction of 200 for the carpet. What are my rights, and can they charge me more than my deposit?
A: Certainly they can charge you more than your deposit - you are potentially liable for any and all damage to the premises beyond ordinary wear and tear. That said, if challenged in court, the landlord has the burden of proving the damage and your liability for it. Further, even if you are liable for damage to the carpet that can't simply be shampooed out, the very most you should be responsible for is the depreciated replacement cost, NOT the entire amount. Technically the landlord's obligation is to send you the accounting within 31 days of your restoring possession - they do not have to prove that you received it. So the specific facts and details in your case will likely control whether you have a claim there. If you have further problems, consider reviewing everything with a landlord-tenant attorney. Good luck.
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