⚡ Legal Issues

Security Deposit Law Wear and Tear vs Damage Burden of Proof

📋 Case Facts

  • Tenant lived in apartment for 2 years.
  • Security deposit was $1,500.
  • Landlord charged $1,000 for cleaning and carpet replacement.
  • Carpet was 5 years old when tenant moved in.
  • Tenant left apartment broom-clean.

👥 Witnesses

👤
Tenant Plaintiff
Plaintiff/Prosecution

Statement

I scrubbed that place for days before I left. The carpet was already old when I moved in—it had normal wear from two years of living there. He's just trying to get a free carpet upgrade on my dime.

Key Facts to Establish

  • Cleaned thoroughly
  • Has move-in photos
  • Carpet was already aged

Potential Weaknesses

  • Small stain on carpet
  • Minor wall marks
👤
Landlord Defendant
Defense

Statement

The place smelled like dog and the carpet was ruined. I had to pay $1,200 for new carpet. I'm actually being generous only charging $1,000. Normal wear doesn't include pet stains.

Key Facts to Establish

  • Has cleaning receipt
  • Claims pet damage

Potential Weaknesses

  • No itemized list initially
  • Carpet was depreciated
  • No proof of pet

📜 Jury Instructions

The jury must decide:

  • Is carpet wear after 2 years "normal wear and tear" or "damage"?
  • Did the landlord properly document and itemize deductions?
  • How much, if any, of the security deposit should be returned?