Dispute Unjust Damage Claims

Summary

If you receive a damage claim from a previous landlord, first review your lease for clauses on damage claims and timelines. Document all evidence of pre-existing damages, such as photos or statements. Respond formally to the landlord, disputing the claims with your evidence. Utah law mandates landlords to provide an itemized list of damages within 30 days post-lease termination. Consider whether to share your evidence now or save it for potential legal action. Consulting a local attorney can provide guidance on the best strategy for your situation.

Full Conversation

I need help drafting a response as well as I do not know how to take action or what I should do to protest
Here’s a simple draft you can use to respond to your landlord:
---
[Your Name]
[Your Address]
[City, State, Zip Code]
[Email Address]
[Date]
[Landlord's Name]
[Landlord's Address]
[City, State, Zip Code]
Subject: Response to Alleged Damages
Dear [Landlord's Name],
I hope this message finds you well. I am writing in response to your letter dated [date of letter], regarding the alleged damages to the property at [property address].
I believe the claims are unjust for the following reasons:
- Pre-existing Conditions: The damages you mentioned, specifically to the floor, were pre-existing before my move-in, as confirmed by a maintenance person who cited a flood incident involving a previous tenant.
- Timeliness: According to Utah law, landlords must provide an itemized list of damages within 30 days after the lease termination. Your letter exceeds this timeframe.
I have attached evidence, including photos and written statements, supporting my position. I kindly ask you to reconsider your claims based on this information.
Please feel free to contact me if you wish to discuss this matter further.
Thank you for your attention to this issue.
Sincerely,
[Your Name]
---
Make sure to attach any relevant evidence and send the letter via certified mail for proof of delivery. If the landlord persists, consider seeking legal advice for further action. Let me know if you need help with anything else!
do I want to give her the evidence that I have or should I save that for a court case should it come to that because I feel like giving her the evidence will weaken my case because it allow her time to prepare for it
It's a strategic decision. Sharing evidence now might help resolve the issue without going to court, but withholding it could give you an advantage if legal action is required. Consider consulting with a local attorney to determine the best course of action for your situation.