A deposit claim has to state a reason, and a reason without a before-and-after is an opinion. Photographs with dates decide these disputes.
Almost every security deposit dispute reduces to one question: what did the unit look like when the tenant moved in.
The answer has to exist before it is needed. A dated, room-by-room photographic record at move-in, signed off by the tenant on a condition checklist, is the whole defence. Doing the same at move-out produces the comparison, and the comparison is what converts "the unit was damaged" into a claim that survives.
Include the things nobody photographs: inside the appliances, under the sinks, the condition of the blinds, the state of the walls at floor level, and the exterior and garage if there is one. Photograph the meters. Record the keys, remotes and fobs handed over, because replacing a fob for a building access system is not a trivial charge.
The legal distinction that decides most of the money is normal wear and tear, which is not chargeable, against damage, which is. Carpet at the end of its useful life, paint at the end of its cycle and minor scuffs are the cost of owning rental property. Holes, pet damage, burns and things that are broken are not.
Two operational notes. Do the move-out walk with the tenant present where possible: disputes settle far more often when both people are looking at the same thing. And get a forwarding address in writing, because the statutory notice of a claim has to be mailed.
The photographs cost twenty minutes at each end of a tenancy. The dispute they prevent costs considerably more.
This article is general information, not legal, tax or financial advice. Rules change and every deal is different — check your own case with a licensed professional.
Alberto Zaltzberg — Adonait · adonait.com