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Posted by MAtt on January 04, 2002 at 02:51:18:

In Reply to: Small Claims Court posted by Jake on January 03, 2002 at 10:30:52:

I recently had the same problem. I took my ex-landlord to court to get my deposit back and he countersued me, claiming I damaged his bathroom floor (The little tiles kept popping up), and that I never notified him I was leaving. (I did). When I left the apartment, I took a bunch of photos, and had a contractor write a notarized letter stating that the floor was just wear and tear. When we went to court, my landlord had zero evidence, and the judge ruled in my favor.
It would have been to your benefit to have pictures taken as evidence. But (Very important) It is up to the landlord to prove his case against you. He has to have evidence that you did it (Witnesses, photos etc.) If he doesn't have any conclusive proof, then all you have to do is prove that you gave him the deposit (Hope you kept receipts, cancelled checks etc.).
The key to a case like yours, as the judge in my case told me and my ex-landlord, is whoever has the most conclusive evidence wins.

: Considering taking my LL to Small Claims Court based on deductions made to sec deposit.

: The basic question is, I expect that once we get to court, it will be his word against mine- I know that I have no hard evidence (photos-not that I would have known what pictures to take) and I expect that he wont either (I think he is lazy and disorganized-not that it matters- hes lying anyway).

: The LL did send me a letter itemizing deductions from dep. I sent one back, disagreeing with all of the deductions-again, a paper trail, but no evidence.

: I do think that I could make a persuasive argument in court, but thats not evidence. Any suggestions/ideas? How do these things usually get resolved?

: Also, LL is threatening to countersue for other damages (imagined) which he says he waived initially. However, I have the initial deduction letter from him which appear to me to limit his ability to reopen that can of worms. Again, any ideas?

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: I recently had the same problem. I took my ex-landlord to court to get my deposit back and he countersued me, claiming I damaged his bathroom floor (The little tiles kept popping up), and that I never notified him I was leaving. (I did). When I left the apartment, I took a bunch of photos, and had a contractor write a notarized letter stating that the floor was just wear and tear. When we went to court, my landlord had zero evidence, and the judge ruled in my favor.
:  It would have been to your benefit to have pictures taken as evidence. But (Very important) It is up to the landlord to prove his case against you. He has to have evidence that you did it (Witnesses, photos etc.) If he doesn't have any conclusive proof, then all you have to do is prove that you gave him the deposit (Hope you kept receipts, cancelled checks etc.).
:  The key to a case like yours, as the judge in my case told me and my ex-landlord, is whoever has the most conclusive evidence wins.

: 
: : Considering taking my LL to Small Claims Court based on deductions made to sec deposit.  

: : The basic question is, I expect that once we get to court, it will be his word against mine- I know that I have no hard evidence (photos-not that I would have known what pictures to take) and I expect that he wont either (I think he is lazy and disorganized-not that it matters- hes lying anyway).

: : The LL did send me a letter itemizing deductions from dep.  I sent one back, disagreeing with all of the deductions-again, a paper trail, but no evidence.

: : I do think that I could make a persuasive argument in court, but thats not evidence. Any suggestions/ideas?  How do these things usually get resolved?

: : Also, LL is threatening to countersue for other damages (imagined) which he says he waived initially.  However, I have the initial deduction letter from him which appear to me to limit his ability to reopen that can of worms.  Again, any ideas?


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