Can a landlord keep part of a security deposit for carpets to be replaced if they can not provide before you moved in photos of the carpet? I feel if that cant provide those then they cant prove that I damaged the carpets in our civil case that I filed against them for my deposit back because when I moved in the carpets were matted and had blood on them I have photos of that and it had spots in it. They are now saying they need to replace the carpet I lived there for 3 years. But I was told to ask them in court in the beginning if I can look at their before photos and if they can not proved them then they don't have a claim is that true?
Real Estate Attorney
It would depend on many different factors. The most important of which would be the Statement of Condition you most likely signed when first renting the apartment. If you did not sign a Statement of Condition and you have dated pictures of the stains your landlord most likely does not have a case to keep your security deposit.
What you are referring to when mentioning the showing of all of the landlord’s evidence is called “discovery,” this is one of the first steps of a lawsuit. After discovery you can ask the court for a directed verdict due to a lack of evidence.
The information provided in this answer is offered for informational purposes only. It is not offered as legal advice and does not create an attorney-client relationship
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Residential Real Estate Lawyer
Photos are not required, but are a good piece of evidence. for landlord or tenants. Most landlords will not have photos of a home that does not have condition issues, but rely on the Tenant to complete a checklist upon move-in noting the condition. Please see the items you noted on the Inventory Checklist that you are required to complete and return to the Landlord within 7 days of move in. The landlord should have provided two copies, or carbon/NCR forms to complete and have you return. The idea being you keep one, and turn one in. See from their files what the inventory checklist states you found correct, or incorrect with the apartment upon move in.
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