Burden of Proof

Full Definition

In security deposit disputes, the burden of proof refers to which party must produce evidence to support their position. Almost universally, once a tenant establishes that a deposit was paid and was not fully returned, the burden shifts to the landlord to justify any deductions. The landlord must prove: (1) that the damage existed and was caused by the tenant; (2) that the damage is beyond normal wear and tear; (3) that the repair or replacement cost was reasonable; and (4) that any applicable depreciation was accounted for. This allocation of burden reflects the legislative policy that landlords, who control the property and the accounting, are in a better position to document and explain deductions. A landlord who cannot produce documentation -- photographs, receipts, itemized statements, or credible testimony -- will typically lose on disputed deduction items. The standard of proof in civil cases (including small claims) is 'preponderance of the evidence' -- meaning more likely than not, not 'beyond a reasonable doubt.'