Damage and the Burden of Proof

Q: You have mentioned that the burden is on renters to prove that any apartment damage found on move-out is not their responsibility, but that seems like backward logic. It requires renters to prove a negative and burdens the person in the transaction who is the least qualified. The professionals should have to prove that renters caused damage, either by insisting on an apartment check before the renters move in or otherwise documenting that damage took place after the rental. I, like many other renters, did not know I should ask my management company for a move-in check and thought I was being a good tenant by not complaining that the floor had not been refinished as promised. I realize that my management company will probably go after me for the scratched floors. What can be done to change this standard? -- Washington

A: The burden is on the landlord to prove that tenants damaged their apartments. However, if tenants let landlords measure damages, they may find themselves at a disadvantage. Some landlords have hazy memories about the apartment's condition before their renters moved in, and others are not honest or fair in judging normal wear and tear. Renters must do their part to ensure fair treatment.

Rather than worry who should technically be better positioned to judge a rental unit with authority, you should learn the art of proactive renting.

If you did not do a walk-through with your landlord before moving in, begin scrutinizing your unit now. If there are glaring problems, you can work to resolve them or call them to your landlord's attention.

Proving that a unit looked a certain way when you moved in is obviously best done with an official checklist that your landlord signs off on. Photographs are also great tools for gathering evidence that may help you in a dispute with a landlord.

Change your perception of this "burden." Arming yourself with agency in the landlord-tenant relationship will burden you much less than just accepting what a landlord decides for you.

The best way to change what you see as flaws in the system is to spread the word so that other people do not feel shy in asking landlords to deliver on promises and so that they know to schedule a walk-through before they move in. The more people know this, the less likely it is that renters will be cheated.

I live in a condominium, and the landlord is very hands-off when something goes wrong. He tells me to have someone fix it, then just deduct the amount from my rent. I feel like the burden is on me to research to find the right company for something -- for example, getting the air-conditioning system replaced -- get estimates, etc. This seems foolish to me. It shouldn't be my job; I am not the owner. Am I off base here? How do I get my landlord to start helping me out? -- Arlington.

Check your lease to be sure, but rental agreements typically require landlords to organize and supervise major fixes to rental properties. It is no secret that a reason people rent is to avoid having to do such things.

Tell your landlord that you do not feel comfortable overseeing the repairs. Remind him that you are paying him to manage your apartment and that you do not have time to shop around for maintenance workers as if you owned the place.

If your landlord does not respond kindly, cite your lease agreement, which spells out your landlord's duties.

Give him a reasonable amount of time to take charge, and if he continues to avoid doing his job, tell him you plan to complain to your local housing office and the Better Business Bureau. Hopefully it will not come to that, but playing those cards may get his attention.

I live in a two-apartment rental house on Capitol Hill. I have the upstairs, and two younger women rent the downstairs. In the past 10 days, they have thrown two very loud and long parties. Music was vibrating my floors, the parties lasted close to 12 hours each, people were outside using loud and vulgar language, and cans and bottles were all over the place. The day after the second party, several neighbors told me they were disgusted and planned to complain. I let my landlord know. He told me I should talk to the tenants directly and that we should try to work it out ourselves. He also said I should call the police if the parties go on too long. I think he is shirking his responsibility. -- Washington

You have gone about this in the right way. You should expect your landlord to talk directly to his other tenants once you made your noise complaint and asked for his assistance. It is his job to take care of his property and guarantee his tenants' quiet enjoyment of their rental home.

It is wise to work out problems with your neighbors, but there are good reasons to employ a middleman. You deserve your landlord's attention. Tell him that you cannot work out the problem with your neighbors on your own. No more explanation from you is necessary. Also, tell your other neighbors to complain directly to your landlord about the ruckus his tenants are making.

Ask your landlord to intervene again, and call him when the parties are going on, before you call the police. Continue to complain, verbally and in writing, until he realizes that it is in his best interest to deal with the situation.

Do you have questions, comments or ideas about apartment life? Contact Sara Gebhardt via e-mail at aptlife@gmail.comor by mail: c/o Real Estate Editor, The Washington Post, 1150 15th St. NW, Washington, D.C. 20071. Join her for Apartment Life Live at washingtonpost.com at 2 p.m. on June 7.