walk-through to show all of the later-alleged damage to the premises. Tenants saw
workman doing work in the house on February 15, 2013, the day after they moved out
and participated in the walk-through.
Landlords withheld $2,393.82 of the security deposit to pay for damages that
they claim occurred at the hands of the tenants.
Analysis of the Exhibits in
Evidence
In support of their contention that they were justified to
withhold the amount in question, [*2]landlords presented
to the Court numerous photographs of damages in various parts of the house.
(Defendants' exhibits A, B and C, in evidence.) It should be noted that most of these
photographs have dates imprinted on them, the dates all being before tenants
moved out. Landlords sought to explain that discrepancy by claiming that they were
unfamiliar with the date-setting mechanism of their own digital camera. Landlords later
admitted on cross-examination that they had no independent proof of when the photos
were actually taken.
Landlords complained of the condition of the yard, with numerous cigarette
butts found along with a large volume of dog droppings. Landlords admitted on
cross-examination that the premises are fenced on only three sides and that dogs other
than the tenants could have left their "calling cards"[FN1] and that smokers other than the tenants
could have left the butts or that they could have blown in through the area that was not
fenced.
Landlords then attempted to prove that the premises were in acceptable
shape when tenants moved in on January 28, 2011, by placing into evidence the lease
(Defendants' exhibit E, in evidence) and cancelled checks showing the return of security
of the prior tenants (Defendants' exhibit D, in evidence), claiming that they would not