Claim of Damage to Walls

[pointledge]

In the demand letter from my former landlord, she is asking for $2,050 for damages to walls. Her accompanying paperwork is only the estimate from her painting contractor who charged $4,100 to repair, spackle, caulk, paint, etc the entire interior of the house (walls, doors, ceilings, etc). She deducted 50% of her costs for wear and tear and expects me to pick up the balance.

This case is going to small claims court as I've disputed her claim that I did $2000+ in damage to the walls in the 4+ years I lived in the house. I feel her claim for damages from me should have specified the cost to repair any damages and not simply based on her expense to paint the entire house.

My question is what is the burden of proof for her to show damages and the cost to repair? I'd certainly expect her to present pictures of any damage to the judge, but how are we to determine the reasonable cost to repair?

 

[Gail_in_Georgia]

As you stated, pictures of any damage. In addition, receipts from the painting contractor who did the repair work detailing the number of rooms that required such work.

If the damage involved walls, doors and ceilings, it would make sense that after repairing, spackling and caulking, all of these items would also require painting. If the damage only involved walls, this is all you should be held financially accountable for.

Gail