What does a landlord need to present for repairs made in a rental?

Question

Basically, my landlord is taking me to court for repairs made in the rental. I don't have pictures, but is there anything that he has to prove. Or can any landlord simply make up charges and win in court because there are no pictures. We don't have an inventory and the rental was not secure after I moved out. Just trying to find out how if any laws protect me, because he didn't mention repairs during a walkthrough with me when I moved out.

Thanks

Answer 1

Your landlord probably has receipts for the repairs. It amazes me that people expect to take care of their business by word of mouth. You should have a receipt from the rental that reads "Paid In Full". If you did, he would have no recourse. But you don't.

Answer 2

He has to prove you did the damage, that it was not normal wear and tear.  If he did a walk through and did not find any damage, he is probably out of luck, because from that point on, HE had possession.

Answer 3

When I was in college I went to court over such a case.

It was the same he said, he said as you except we had no walkthrough at all at the end.

In the end, what it turned on was that there was no walkthrough at the beginning either, and so even if he made the repairs at the time he said, and at the cost claimed, he could not prove to the court that the damage was not already there when we moved in.

We not only won the case and got our deposit back that day, but because of the delay past the legal limit, he was ordered to pay treble damages.

Just a strategy to keep in mind...

Answer 4

In ANY civil case, the plaintiff, here the landlord, has to prove injury and damages by a preponderance of the evidence, that is, with proof sufficient to demonstrate to the trier of fact that it is more likely than not, that he was injured by your acts, and that he is entitled to recover some amount of money as compensation for that injury to his property.

His mere say so is generally not enough - he will need to present some sort of proof, such as photographs, witnesses, bringing in damaged items, and proof of the cost of repair or replacement.

Answer 5

He has to prove his case, make him do it.