My Landlord Charged Me for Damage That Was There When I Moved In
Respond within 30 days of receiving itemization -- Start with Step 1 below.
Most important first step: Identify which charges relate to pre-existing damage
Step-by-Step Action Plan
Identify which charges relate to pre-existing damage
Review the itemization and think carefully about each claimed damage item. Was it there when you moved in? Even partial pre-existing damage (a crack that was smaller before, a stain that was lighter) is relevant. Note each item where the condition existed before your tenancy.
Pull all move-in documentation
Gather every piece of evidence from move-in: timestamped photos and video, your signed move-in checklist, any written or email notes to the landlord pointing out existing conditions. The more contemporaneous the evidence, the stronger your case.
Tip: Even a text to your landlord at move-in noting a specific condition is valuable evidence. Look through your message history.
Check for other sources of pre-existing condition evidence
Online listing photos from before your tenancy may show the damage. Prior tenant reviews of the property might mention it. Maintenance records from before your move-in could also be relevant. These can supplement your direct evidence.
Write a dispute letter citing your pre-existing condition evidence
Address each disputed charge specifically. State that the condition existed at move-in and that you have documentation. Attach copies of your evidence. Demand that charges for pre-existing damage be removed and the amounts refunded.
Understand that the burden of proof is on the landlord
The landlord must prove the damage occurred during your tenancy. You do not have to prove you did not cause it. This is an important distinction in court. If the landlord cannot show the condition did not exist at move-in, their claim fails.
File in small claims with your pre-existing condition evidence
Present your move-in documentation alongside the itemization. If your photos show the same condition that existed at move-in, the judge will be skeptical of the landlord's claim. File for the wrongly withheld amount plus any applicable statutory penalty.
Frequently Asked Questions
What if I signed a move-in checklist that did not note the pre-existing damage?
This makes your case harder but not impossible. If you have other evidence (photos, texts, listing photos) showing the condition pre-existed, you can still make the argument. The landlord still bears the burden of proving the damage occurred during your tenancy.
Can listing photos from a real estate site count as evidence?
Yes. If online listing photos taken before your tenancy show the same damage the landlord is now claiming you caused, those photos are strong evidence that the condition pre-existed. Courts accept this type of evidence.
What if the damage worsened during my tenancy?
You may be responsible for the worsening but not the pre-existing portion. For example, if a small scratch was present at move-in and became a larger gouge during your tenancy, the landlord can charge for the additional damage but not the original condition.
What if I did not take photos at move-in?
Look for other evidence: listing photos, your move-in checklist (even if incomplete), text messages noting conditions, or witness statements from people who saw the unit when you moved in. Any evidence of the pre-existing condition helps.
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