Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I am plaintiff in a civil claim; lndlrd did not return sec deposit OR an itemized list of damages w/in 14 days; she claims over 8K in damages which I did not do.She claims she mailed the itemized list. I NEVER REC'D it; I filed in small claims; she ignored 4 attempts by the constable to be served. I motioned to serve, and constable served her. In her small claims answer she includes a letter w/ a date (w/in the 14 days), but it was apparently mailed by first class mail. I DID'T receive this. How do I ask to enter premises to see if item was replaced.I am in discovery process now. Thank you.

Answer: As a general rule, the burden of showing that claimed repairs were both (a) required and (b) completed falls on the landlord, so a tenant who sues their former landlord for the return of their security deposit may wish to demand that the landlord provide any evidence the landlord has (photographs/receipts/etc.) to show exactly what repairs were made and why those repairs were necessary.

QUESTIONS

  • I am plaintiff in a civil claim; lndlrd did not return sec deposit OR an itemized list of damages w/in 14 days; she claims over 8K in damages which I did not do.She claims she mailed the itemized list. I NEVER REC'D it; I filed in small claims; she ignored 4 attempts by the constable to be served. I motioned to serve, and constable served her. In her small claims answer she includes a letter w/ a date (w/in the 14 days), but it was apparently mailed by first class mail. I DID'T receive this. How do I ask to enter premises to see if item was replaced.I am in discovery process now. Thank you.

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