Interactive Checklist
Click each item to mark it collected. Expand for details on where to find it and how to use it.
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These items have the most impact on your case. Prioritize gathering these first.
Lease Agreement
Shows what you're legally responsible for and establishes the original deposit amount. Also reveals any unlawful lease clauses the landlord may be relying on.
Move-In Photos / Video
Establishes the baseline condition of the unit before you moved in. Critical for countering damage claims — without these, it's your word against the landlord's.
Move-Out Photos / Video
Shows the condition of the unit when you left. This is your primary defense against damage claims.
Itemized Deduction List
The landlord's claim — what they say they're keeping and why. This is what you're disputing. If no list was provided within 30 days, that is itself a violation.
These significantly strengthen your case and are worth the effort to find.
Forwarding Address Proof
Proves you gave the landlord your forwarding address, which starts the 30-day clock under § 92.103. Without this, the landlord may argue the clock never started.
Repair / Cleaning Receipts
Proves you fixed things yourself before move-out. Counters claims that you left damage.
Communication Records
Emails, texts, and letters about maintenance requests show the landlord was aware of pre-existing issues and failed to address them.
Rent Payment History
Proves rent was paid in full. Landlords sometimes claim unpaid rent as a deposit deduction.
These add credibility and can counter specific landlord claims.
Market Repair / Cleaning Quotes
Proves the landlord's claimed costs were inflated. Get 2–3 quotes for the same work from local contractors.
Bank Records (Deposit Payment)
Proves the original deposit amount and when it was paid. Useful if the landlord disputes the deposit amount.
Pro Tip: Organize Before You Send
Create a folder (physical or digital) with all your evidence before sending the demand letter. Label each item. If the case goes to court, you'll hand the judge a copy of everything — organized evidence signals that you're prepared and serious.
Strategy
Different evidence is most valuable at different stages of the dispute process.
Your demand letter should reference the specific violations. Attach key photos and the itemized list (or note its absence).
File your petition with a complete evidence packet. The judge will review everything you submit.
Bring printed copies of everything, organized by exhibit. Judges appreciate organized, easy-to-follow evidence.
Not having move-in photos weakens your case, but it doesn't end it. Here are alternative ways to establish the baseline condition of the unit:
Move-In Inspection Report
If you signed a move-in inspection checklist with the landlord, this documents pre-existing conditions.
Emails to Landlord at Move-In
Did you email the landlord about issues when you first moved in? These emails establish pre-existing conditions.
Maintenance Request History
Maintenance requests you submitted early in the tenancy can show pre-existing issues.
Witness Testimony
Friends or family who helped you move in can testify about the unit's condition at move-in.
Landlord's Own Records
In discovery, you can request the landlord's move-in inspection photos or records.
Prior Tenant Records
In some cases, prior tenants can testify about pre-existing conditions they left behind.
Content Integrity
DepositRights provides legal information and self-help tools, not legal advice. This page does not create an attorney-client relationship.
Primary Statutes
Official Sources