Proof of Damage - CA

This is a discussion on Proof of Damage - CA within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; Back in 2004, I was charged by my apartment complex for replacing the carpet and vinyl in my apartment. The ...

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Old May 27th, 2009, 05:57 PM   #1
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Unhappy Proof of Damage - CA

Back in 2004, I was charged by my apartment complex for replacing the carpet and vinyl in my apartment. The account is now in collections gaining interest. I should have dealt with this a while ago but I was a dumb kid. The carpet and vinyl did not need to be replaced but unfortunately, I don't have a picture to prove it. There was another renter in the apartment but we no longer communicate and haven't since 2004. Is there anything I can do to get out of paying the $2,080 I'm being charged?
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Old May 28th, 2009, 05:48 PM   #2
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I hate to say that I doubt there is anything you can do at this point. You could have challenged this when it was charged to you, when they deducted the amounts from the deposit and said you still owed money, or even at the court hearing for the judgement. Even directly after that if you didn't receive proper notice of the hearing. But sinbce you have known of this for 5 years now, I don't think a court would allow you to challenge this now. They would likely say that you should have filed this challenge in a timely fashion. Plus, you have no proof that the carpet or vinyl didn't need replaced and it is too late to obtain proof. Sorry but you will have to pay.
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