Re: Documentation for withholding of security deposit

Re: Documentation for withholding of security deposit by Garry (Iowa) on April 20, 2016 @17:28

First, all tenants all over the country want/expect their full deposits to be returned to them once they have moved out. It is up to the LL, within that first 30 days after move out, to document any and all damages left by that former tenant, and to either repair all they can in that 30 days, or get estimates to repair damages that may take longer than those 30 days. Kathleen is totally right. Take pics, and document,document,document!! Treat all move outs as though you are always going to go to court, and will have to prove your case in a court room. What ever you say in your deposit statement to the former T, is what you are going to present to a judge, so be able to back up your claim of damages, by pics, witnesses, and amounts you had to pay other people to repair those damages. In other words, your "case" is in your dep. statement. Be sure it's a solid one. And I don't care if you were renting to a $500/hour attorney-----YOU still have to prove your case. If the T has already moved out, STOP communicating with her, except for the sec. dep. statement. At that point, she is a FORMER tenant, and you do not need to converse with her any more, unless its in a courtroom. Once that statement goes out----by certified mail--- the ball is in her court. If she feels she has a case against you, it will be up to HER to prove---in a court---that she left no damages behind. That's extremely hard to prove, unless she had witnesses and took pics of every room on the day she gave you the keys back.

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Re: Documentation for withholding of security deposit by tenant advocate on April 23, 2016 @17:25	[ Reply ]

Regarding the last two sentences; Actually, no. The burden of proof for the withholding of security deposits is usually on the landlord in most jurisdictions. It is just that most tenants do not push the issue. Further falsely trying to deduct from the security deposit can technically be fraud and lead to jail time. It is just that this type of fraud is rarely prosecuted. Good advice otherwise though.

Re: Documentation for withholding of security deposit by Garry (Iowa) on April 24, 2016 @00:16	[ Reply ]

I may not have stated my last 2-3 sentences correctly. What I meant, was, once the former T receives the sec, dep. statement, if the T disagrees with it, then she must take the LL to court to try to get the deposit back. At that point, she becomes the plaintiff in the court room, with the LL as the defendant. I always thought that in all cases all over the country, both civil and criminal, the plaintiff has the burden of proof. In this case the former T (plaintiff) must prove by a preponderance of evidence,(51%) that she left no damages behind, or at least not as much as the LL is alleging. The LL (defendant), would use the sec.dep. statement, along with witnesses, checks paid, pics, etc, to defend his keeping of the deposit. I hope that says it better in a way everyone can understand.

Re: Documentation for withholding of security deposit by Anonymous on April 24, 2016 @12:47	[ Reply ]

G, it's not criminal court. There's no 'beyond a reasonable doubt' in civil small claims court. Each side will present their case and the judge will make a decision. The landlord, being the one who made the security deposit withholding, has to show validity of the charges and the judge will make a decision as to whether they are legitimate based on state law. Neither side has to prove that the charges were legitimate or illegitimate. The judge will make that decision.

Re: Documentation for withholding of security deposit by MrDan (GA) on April 25, 2016 @21:45	[ Reply ]

You are correct... "In any court action brought by a tenant, the landlord bears the burden of proving that his/her withholding of the security deposit or any portion of it was not wrongful". A landlord should also be aware that a tenant can file any time within their State statue of limitations to claim the landlord unlawfully retained any or all of the tenants security deposit unless their State places an earlier limit. Only a courts judgement determines the final disposition of the security deposit. A landlord may deduct from the tenants security deposit, but must prove they are legally entitled to the deduction.

Re: Documentation for withholding of security deposit - Landlord Forum thread 344536