I recently moved out of the apartment I lived in for 4 years. I cleaned for a week before turning the apartment over and I left it in better shape than I got it. There were, however, two areas that needed repair 1.) a broken window and 2.) a layer of the wall, in the bathroom, had begun to peel off, due to water damage. I made no effort to fix either of these issues, because I did not feel that they were my responsibility. Within two weeks of moving out I received an invoice regarding my $300 deposit and a request for an additional $115 to cover the cost of these repairs.

The window was damaged over a year ago when someone shot two bb’s through my window leaving two pea sized holes. I noticed it when I got home from work one day and promptly called the police to file a report, as well as my apartment manager and the apartment owner. I was told they would replace it shortly, but they never did. Naturally, because it was never replaced, the window got worse as the holes began to spider out and then a 4" piece fell out. I am under the impression that since I notified them at the time of the original damage, I am not responsible for any resulting damage, nor the replacement of the window. Am I correct in this?

 As far as the wall is concerned, they cited "extreme wear and tear" on the invoice. Is water damage considered extreme wear and tear? I lived in an extrememly old building with plenty of leaks (the toilet, in the apartment above me, needed to be replaced because it fell through the floor, the shower above me leaked through the floor, down the wall and pooled on the stairs leading up to my apartment, my kitchen sink leaked to the cabinet below and needed to be fixed) and there is already existing water damage on another wall along that shower. I never notified the manager when I noticed the issue originally, but am wondering if the existing water damage is enough to prove that it was not extreme wear and tear and that it is another symptom of a preexisting condition. To me, extreme wear and tear would be caused by me directly and I had nothing on that wall in the place the damage occured.

 Ultimately I am looking for someone to tell me if I am responsible for either of these issue, because I feel like I am being taken advantage of, and if not what is the next best course of action? Should I contact the owner directly by phone, to dispute the charges, or should I send them a formal letter. I appreciate any and all advice!

Originally posted 2009-09-27 18:07:38.