Went to SCC, got my head handed to me.

[grant76]

Ouch. Judge pretty much tore me up. The LL was/is a councilman and its a small town so...

The LL had kept all but $60 of $650 and listed the reason as cleaning, painting, the fact that I had possessions in the apartment for 3 days pas end of term.

I also think he commingled because he took 90 days to return the $60 and wrote a check from his personal account. I hammered away at commingling but the judge was like "do you have any proof"? And I a'm like "yeah this check". He said it didn't matter and all that GOL Chapter & went down the tubes. Didn't even ask LL about it.

As for actual damages. No photos, they just said that there was a lot of crayon marks (there were some crayon marks in the kids bedroom).

I guess I'll try an appeal. Sure feel like I got hosed.

[TenantNet]

Deposits are for actual and provable damages, not for cleaning and painting. However, if you were there beyond the lease period, the LL could make a case for a prorated partial rent.

Small towns hava a lot of incest. Have you checked to see if there is any connection between the judge and the council member?

Commingling is not supposed to happen, but in the end that may not be sufficient to change anything. Who really cares which account he wrote the check from?

Damages should be provable with repair receipts or estimates.

[grant76]

No pictures, no invoices, did the work temselves. I conceded the prorated 3 days, but the judge was all over me.