If you sue your landlord, you should tell the court if your landlord did not give you a written description of the rental's condition. The landlord should have given this to you when you moved in. If you didn't get it, the landlord must clearly prove that it was you who caused any damages, and not a previous tenant.
If your landlord didn't tell you in writing why you didn't get your deposit, be sure to tell the court. Your landlord must send you a written list of deductions from your deposit. Your landlord has 30 days after your rental agreement ends to send you the letter.
Even if your landlord gave you the list of deductions they were supposed to, it may be that you think the landlord is wrong. You can sue the landlord in court, asking for your deposit. At the court hearing, you can:
- Have people who know the damages were there when you moved in testify as witnesses
- Show pictures of the rental from before and after your stay there.
The landlord must then prove that the deductions made from your security deposit were lawful.
Can I get attorney’s fees if I win?
Yes. The judge may award you attorney’s fees if you win. But, you must have a lawyer to represent you to get attorney’s fees. Lawyers charge clients differently depending on the case. Learn more about “What to Know When Hiring a Lawyer.”
Be aware that if you sue the landlord and lose, the judge may order you to pay the landlord’s attorney’s fees. It is a good idea to talk to a lawyer before going to court. A lawyer can help you understand the pros and cons to going to court.