Workflow ToolStep 3 of 6 — Evidence

Security Deposit Evidence Checklist

In court, evidence wins cases — not arguments. Use this interactive checklist to collect everything you need before sending a demand letter or filing in JP Court.

10

Total items

4

Critical items

1–2 hrs

Time to gather

Interactive Checklist

Check Off Items as You Collect Them

Click each item to mark it collected. Expand for details on where to find it and how to use it.

0 of 10 items collected

0 of 4 critical items

0%

complete

Critical

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.

Important

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.

Helpful

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

When Each Item Matters Most

Different evidence is most valuable at different stages of the dispute process.

Demand Letter

Your demand letter should reference the specific violations. Attach key photos and the itemized list (or note its absence).

  • Lease Agreement — cite the deposit amount
  • Itemized list (or proof it was never sent)
  • Move-out photos — attach key photos
  • Forwarding address proof

JP Court Filing

File your petition with a complete evidence packet. The judge will review everything you submit.

  • All photos (move-in and move-out)
  • Full communication records
  • Payment history
  • Market repair quotes

Court Hearing

Bring printed copies of everything, organized by exhibit. Judges appreciate organized, easy-to-follow evidence.

  • Printed copies of all evidence
  • Organized by exhibit number
  • Extra copies for the judge and landlord
  • Timeline of events

What If You Don't Have Move-In Photos?

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.

Last reviewed: April 2026

Primary Statutes

§ 92.104§ 92.109