Can a landlord withhold a security deposit on a rental property without a pre and post move damage inspection?

Question

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?

Answer 1

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.

Answer 2

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.

Answer 3

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.

Answer 4

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

Answer 5

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.

Answer 6

He would need to show photos in court of the damages.
You should of also taken photos when you moved out and Demanded him to fill out a form.
The same thing happened to me, but the landlord is now in jail for other charges. Good luck.

Answer 7

Yes they definitely can I learned this the hard way, I moved in a house before it was COMPLETELY ready, he was suppose to get it finished while I was there so I didn't take things out of thr boxes and time went by I kept calling , calling, when nothing came about. Long story short I got charged.

Answer 8

there are laws that touch on common ways for the landlord to go by. but in all actuality, they can do whatever they want it is their property.

Answer 9

I think it all depends on what stipulations are in your lease. There should be a section on security deposit withholding.