Re: Documentation for withholding of security deposit

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

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.

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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 344605