As for the late fees, Brian explained that the late fees should have read $50 per day, but the lease otherwise provided for $5 per day. In this regard, he testified to the plaintiffs being seven days late with their June rent. Lastly, Brian testified to thoroughly videoing the condition of the property about a week after the plaintiffs moved out. He explained that he had not used the video camera for several years and it took some time for him to locate it. Ironically, he did not want to introduce the video into evidence, because he did not want to be without the camera while waiting for a decision from the court. Therefore, the video was never introduced. Likewise, there was little introduced to document the cost of repairs or replacement in most of the circumstances described by Brian.
Regarding the security deposit, Brian testified that he told the plaintiffs where it was deposited, but never documented it in writing. He also failed to provide any proof that the funds were in an account segregated from personal funds. While defendants requested a continuance to provide such proof, this request was denied, as this was the second scheduled date for the trial, the first one having been adjourned by the defendants, and the defendants were certainly otherwise prepared to proceed.
Analysis
In small claims cases, the plaintiff bears the burden of proving a claim by a preponderance of the evidence. The court has the obligation to apply the facts to the relevant law, keeping in mind the statutory mandate of substantial justice (UCCA 1804).