Landlord Sent an Itemization with Fake or Inflated Charges: How to Fight Back
Dispute within 30 days of receiving itemization -- Start with Step 1 below.
Most important first step: Review each line item carefully
Step-by-Step Action Plan
Review each line item carefully
Go through the itemization and categorize each charge: legitimate damage you caused, normal wear and tear the landlord cannot charge for, inflated repair costs, and charges with no supporting documentation. Mark each one.
Tip: Normal wear and tear -- small nail holes, minor carpet wear, light scuffs -- cannot legally be charged to you.
Gather your move-in documentation
Pull together any photos, video, signed move-in checklist, or written notes from when you first moved in. Timestamped photos and a signed checklist are the strongest evidence. Even text messages referencing the condition at move-in can help.
Write a line-by-line dispute letter
Address each charge directly. For legitimate charges, acknowledge them. For each invalid charge, state specifically why it is not chargeable: 'This is normal wear and tear per [state statute],' or 'This damage existed at move-in per the attached move-in checklist.' Be specific and factual.
Send the dispute letter by certified mail
Mail your dispute letter certified mail with return receipt requested. Set a 14-day deadline for the landlord to provide a revised itemization or refund the disputed amounts. Keep your receipt and tracking number.
File in small claims if there is no satisfactory response
If the landlord doesn't respond or refuses to remove invalid charges, file in small claims for the disputed amount plus any statutory penalty. Many states impose penalties for itemizations that include clearly invalid charges.
Present your evidence side by side at court
Bring two copies of everything to court: your move-in documentation, the itemization, your dispute letter, and any response from the landlord. Present your evidence directly alongside each disputed charge. Judges respond well to organized, documented presentations.
Frequently Asked Questions
What if I don't have move-in photos?
You can still dispute charges. Look for other evidence: the signed move-in checklist, witness statements from someone who saw the unit at move-in, or even public listing photos that show the unit's condition. The burden of proof is on the landlord to prove the damage occurred during your tenancy.
Can I dispute just part of the deductions?
Yes. You can accept legitimate charges and dispute only those you believe are wrong. In fact, this strengthens your credibility -- you're being reasonable, not refusing everything.
What if some charges are legitimate?
Accept those and dispute only the invalid ones. Your dispute letter should be clear about which charges you accept and which you reject, and why. Partial disputes are very common and courts handle them routinely.
How long do I have to dispute the charges?
There is no universal deadline, but acting within 30 days of receiving the itemization is advisable. The sooner you dispute, the more credible your position. Waiting too long can be interpreted as acceptance.
Find Out What Your Local Landlord May Owe You.
Free analysis | Local law | 2 minutes
Check My Local Deposit (Free)