Amarillo, TX asked in Landlord - Tenant for Texas

Q: I lived in an apt for 18 yrs. Our lease ended and now being charged with 1700 in fees. For wear and tear?

The landlord is threatening to turn this over to a 3rd party collection agency. For paint and carpeting? How is this legal?

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: Unless your lease expressly allows it, your landlord cannot recover from you for ordinary wear and tear.

Usually, the argument is whether it is ordinary wear and tear. For example, a carpet fading and becoming threadbare. Or is it damage from misuse, such as cuts, tears, or burn marks.

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