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Posted by PK on February 27, 1999 at 12:29:49:

In Reply to: Charged for Imaginary Damages after Moving Out! posted by Jo on February 26, 1999 at 23:10:27:

: Moved out of an apartment one month ago, got a letter two days ago saying
: I owe $1000.00 for carpet replaced because of "pet stains all over." There
: were no pet stains--when I moved in, the carpet was worn, old, etc. But I
: have no pictures etc... So if this goes to court will I win? Being that
: the landlord didn't contact me for my move-out inspection? And waited until
: the "repairs" were made before letting me know of any problems (how can I
: refute the damage if it's already been repaired?)? Any suggestions, ideas,
: resources?

In the State of Connecticut, it is the landlord's responsibility to establish the state of the premises when the tenant moved in, if the landlord claims damages. So it would be the landlord's responsibility to produce "before" and "after" pictures. Otherwise, if it's the tenant's word against the landlord's (nobody has pictures, etc.) then then tenant wins. This is all part of a general principle: the landlord bears the burden of proof on all aspects of a damage claim.

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Comments:
: : Moved out of an apartment one month ago, got a letter two days ago saying 
: : I owe $1000.00 for carpet replaced because of "pet stains all over."  There 
: : were no pet stains--when I moved in, the carpet was worn, old, etc.  But I 
: : have no pictures etc...  So if this goes to court will I win?  Being that 
: : the landlord didn't contact me for my move-out inspection?  And waited until 
: : the "repairs" were made before letting me know of any problems (how can I 
: : refute the damage if it's already been repaired?)?  Any suggestions, ideas, 
: : resources?

: In the State of Connecticut, it is the landlord's responsibility to establish the state of the premises when the tenant moved in, if the landlord claims damages.  So it would be the landlord's responsibility to produce "before" and "after" pictures.  Otherwise, if it's the tenant's word against the landlord's (nobody has pictures, etc.) then then tenant wins.  This is all part of a general principle:  the landlord bears the burden of proof on all aspects of a damage claim.


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