QUESTION
If I did not cause any damage and they cannot prove it, do I have to pay?
Asked on May 09th, 2016 on Landlord and Tenant Law - California
More details to this question:
If my previous leasing company failed to fill out a move-in/move-out walkthrough form and is now trying to claim damages on said form with no record or proof of the apartment's conditions prior to or during my stay, are they entitled to more money from me?
1 ANSWER
The move-in/out forms are matters of additional evidence. The landlord can testify and see if the judge accepts what he says. If he shows a picture of a big ink spot on the carpet, a door broken, etc., the judge might suspect you would not have moved in if the unit was in that condition. Even though you probably would be the plaintiff [the landlord has already withheld the security deposit money], most judge would put the burden of proof on the landlord to show he deductions are reasonable [which includes estimates for the cost of replacement or repair]. The landlord is supposed to send you within 21 days the reasons for withholding any money, but the code section does not state what the result of a failure to do so is.
Answered on Jun 14th, 2016 at 6:21 PM