Pulley v. Milberger

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that absent rebutting evidence, “the presumption that the landlord acted in bad faith compels a finding of bad faith”
• noting that evidence that landlord has reason to believe that entitled to retain security deposit to recover reasonable damages or evidence of “extensive damage” may be sufficient to defeat bad-faith presumption
• evidence of no damage prior to move-in and installation of new carpet several months prior to move-in sufficient to support finding of reasonableness of charges
• no bad faith where evidence showed amateur landlord believed he was entitled to retain portion of deposit for extensive damages caused by tenant
• “When a landlord is sued under section 92.109(a), the landlord has the burden to prove that the retention of the security deposit was reasonable.”
• “To defeat the presumption of bad faith, the landlord must prove his good faith, i.e., honesty in fact in the conduct or transaction concerned.”

Source: CourtListener parenthetical corpus (CC0).