Quote:
Originally Posted by KK85297
Thank you all for your responses and support. I went ahead and filed the small claims action against him after numerous letters citing the law, refuting the charges and even phone calls from my mother who is a realtor/LL/professional property manager herself. There just wasn't any way this jerk was gonna budge.
I cannot imagine how I can possibly lose in court. As far as I can tell, according to the law, even *IF* the walls were completely marked up throughout (as he claims- which they are NOT!) I still should not be liable for the cost of repainting them, since the expected life of interior flat paint is definitely not 5+ years!
I hope my photos are evidence enough. They don't specifically show the walls in close-up or anything because that was the last thing we ever expected he would try to get us for...but they show the rooms as a whole and it's clear from every picture that if there were any marks on the walls, they are faint enough that you cannot see them from any kind of distance (3+ feet away?)
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Every legal opinion I have ever heard places the burden of proof to be beyond normal wear and tear for damages. The security deposit is not to be held for any condition that falls under that normal wear and tear definition. It can only be held for unreasonable damages.
If the ll is unhappy with his paint, carpet or lightbulbs he must pay for them himself unless he can demonstrate that you caused beyond normal wear damage to them.
I have no doubt you will win you case. Good Luck!
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