Dallas, TX asked in Landlord - Tenant

Q: Can a landlord ask for damages from a tenant without prof the damage was done after the tenant vacated?

The tenant was evicted. A week later after they left a window was broken. The landlord is charging the tenant with no prof the tenant did it. Is that legal?

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1 Lawyer Answer

A: Your question assumes a very important fact, "A week after they left a window was broken." How do you know that? Did you do a walk-through with the landlord before you vacated? If not, did you ask for one? If not, you took a risk by not doing so. However, the landlord has a problem. Without having made an inspection earlier, he cannot prove you broke the window. Therefore, he should refund your deposit in full. You can demand that, and if he does not do so, you will have to sue him in small claims court for the amount he withheld to pay for the broken window/

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