Sue apartment complex in Missouri?

I lived in an apartment for around 3 years. 2 years into the lease the bathroom above me leaked water into my apartment (I lived on the ground floor). The apartment co came fixed the leak and cleaned some of the carpet. I moved out and now they are trying to make me replace the damaged carpet.

I have pictures of the wet floor with a tape measure showing the size of the leak, as well as holes in the wall where the plumber fixed the leak. I also have pictures of how the apartment was laid out as far as furniture somewhat showing the apartment was kept in good working order.

The apartment company has hired a credit agency and placed it for collection with the 3 main credit agencies.

I have done some research and found that I need to send them a letter under the Fair Debt Act asking them to prove the debt is mine and what proof they have is mine.

Are their any RSMO statuets that I can look at to help me with my case?

Also any other advice would be great.

I had talked to a lawyer and he mentioned something about the Merchant Act but I cannot seem to find that act.

Update:

Can somebody help me out with the Merchant Act. It apparently has a 5 year SOL on it. This is where my lawyer told me to start looking at. Unfortunately he is on vacation for 2 weeks for Xmas.

Also to Alf I think you may be confused as to part of the problem. I finished out the remainder of the lease before I moved, I have found out Additional info such as I was never given a date to do a walk through with the property people. Also I was never given a list of items that needed to be repaired in the alloted time.

4 Answers

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  • 1 decade ago
    Favorite Answer

    If you didn't cause the damage then you are obviously not responsible. The first thing to do is get the apartment complex to agree to that. It might be easier said than done.

    You can sue under the Fair Credit Reporting Act if the information that they are putting on your report is invalid.

    I'm not from Missouri, but in my state you are entitled to 3x damages if they don't return your deposit within 3 weeks. You probably have a statute like that too.

    GL

  • Anonymous
    1 decade ago

    You are not going to like my answer but is the most accurate of all of them. The damages was done by the tenant above from you, right?

    When that happen you should take the tenant above you to court for damages at your apartment. We as landlords or agents have no insurance on the contents of the unit. If the negligence was from the tenant above, he is responsible for damages on yours and his.

    Yes we will send a company to replace, repair or do whatever is necessary to keep your unit clean along with everyone else but, someone is going to have to pay. You may have pictures of everything you want. If you didn't took legal action against the people above you, who is going to pay?

    How can I prove the damages are yours? is easy, you sign a lease at that property. Did you give them at least a 30 days notice to move out? Did you mail a certified return receipt letter to the landlord explaining of your problem? If you answer is no to any of the above, you are going to need a good lawyer that will cost you more than to pay the bill.

    That is why we always ask the tenants to buy insurance.

    Good luck

  • shaner
    Lv 4
    4 years ago

    specific, specific specific. Take a checklist of each thing you have. Dr's comments besides and image's of the injuries and the stairs. locate out if the development has public legal duty coverage. if so the development pays for any docs expenses or money which you have made with regard to the injuries. have you ever neglected days off artwork? have you ever had to get taxi's around? The coverage pays for a majority of those issues. with regard to truthfully suing this may be longer and harder. you will could desire to fork out the money for a legal expert in case you do no longer win. And that's confusing to place a value on what you think of you may get. positioned this is not impossible. only be as arranged as available for a combat. solid luck.

  • 1 decade ago

    your photo of the floor with depth of water showing and story will convince the judge in small claims court. in writing, demand the return of your deposit or you'll sue.

    no attorney is needed in small claims court and the judges have all seen scheming landlords until they're sick of them.

    Source(s): ex-landlord
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