Proof of Damages - Security Deposit

[pointledge]

Virginia

My former landlord provided me with a LIST of damages she claimed I did to the house we rented from her for over 4 years. We disagreed on a number of items and now are headed to small claims court.

For the damage she claims we did to the walls (>$2000 to repair), I assume she will prevent photographic evidence. No problem there... I'd like to see what damage she claims we did.

However in the kitchen, she replaced all the appliances and is charging me for them claiming they did not work. How do I prepare to defend against these allegations? I have neighbors that will testify that certain appliances worked the week we moved out (they came over to help clean). Thoughts?

 

[Gail_in_Georgia]

Are any of these neighbors willing to come to court with you and testify in person that these appliances were in working condition at the time of move out? That would be your strongest case against these claims.

Keep in mind that many judges will not accept statements from witnesses testifying to such matters; they want the witnesses present to be able to answer any questions.

Gail

 

[pointledge]

Yes I have at least one neighbor willing to go to court with me (to testify on my behalf against a number of the damage claims in fact). I guess my question may be more general in nature as well...

When I received the first letter listing damages and amounts my landlord was deducting funds for, it simply listed Damaged Walls - $2,200, Kitchen Appliances - $1,500, etc. She provided receipts for the replacement of the appliances, but it's just her word against mine that they were working when I vacated the property.

I understand that a check-out inspection would have resolved much of this but my landlord was out of town when I vacated so no joint check-out inspection was conducted.

 

[Gail_in_Georgia]

Well, you do have at least one witness willing to testify as to the condition of the rental unit at move out. So, it would seem that it is more than your landlords word against yours.

In addition, just like carpets (another big bone of contention between landlords and tenants), appliances have a certain life which is depreciated over time. Appliances (stoves, refrigerators, and dishwashers) have a "life" of 5 years; you would really only owe the percentage of "life" they had left. For example, if four years old when you were there, you would, at the most, only owe for 20 percent of the cost of replacing these (assuming that a judge found you responsible for breaking them), not the full cost of new items.

Gail