Consumption and Real Estate
Can a landlord withhold a security deposit on a rental property without a pre and post move damage inspection?
Question : Can a landlord withhold a security deposit on a rental property without a pre and post move damage inspection?
My landlord is fictitiously claiming damage to his rental property. There was no damage inspection sheet filled out and signed by the tenants and landlord. Also no photo documentation. Is it just my word versus his or is there ground for me to stand on in court?
property inspection
Best answer:
Answer by Justine
I think it all depends on what stipulations are in your lease. There should be a section on security deposit withholding.
-
-
#2 written by tianac23@sbcglobal.net 1 year ago
The lease probably says it was in good condition when you moved in. Without photos its you vs. him, but he has to return a letter to you with a breakdown of charges (what did he do with your deposit, how much did the damage cost him) in court he will have to show reciepts for every penny he used. He has 21 days to return a letter and if he doesnt, you can take him to court to get double your deposit back.
-
#3 written by Angel B 1 year ago
-
#5 written by rac 1 year ago
That is why you have pre and post inspections, to create evidence to support the claim of damage or lack thereof. For the landlord to claim damage without any documentation does force you into a he said / she said situation. The plaintiff, your landlord, would have to prove the damage as opposed to you proving the lack thereof. However, since he already has your money, then you become the plaintiff in order to get the money back, meaning you would have to prove the lack of damage instead of him proving the existence thereof. Bring in as many witnesses as you can corral to testify that the apartment is exactly the same as when you moved in. All damage claimed by the landlord was preexisting. if he can’t bring in witnesses to rebut your witnesses, then you would have the preponderance of the evidence. Good luck to you.
-
#6 written by kcbranaghsgirl 1 year ago
It’s pretty much your word vs. his, and if you file charges against him for unjustly retaining your security deposit, the burden of proof (that the damage was pre-existing) will be on you, the plaintiff. If there was that much damage, you should have had him sign some sort of paperwork to that effect before taking occupancy.
-
#7 written by Terry Miler 1 year ago
Did you take any pictures while you were renting? That would help your case. I have found that some landlords can and do withhold the security deposit for little or no reason. In one of my apartments, the refrigerator stopped working. I told the landlord several times and he wouldn’t replace it. When I decided to move out, he withheld the security deposit because I “broke” his frig. How rude! I took him to court and got my money.
- Comment Feed for this Post
You need to take him to small claims. The burden of proof is on you to prove that there were no damage beyond normal wear and tear. Since you don’t have any proof, you should get an itemized list of deductions. See if you can locate the companies that did the work and see if they are willing to provide an affidavit stating that the damage did not go beyond normal wear and tear.
Regards