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  1. #1

    Default Using Video of Apartment As Evidence of Pre-Existing Damage

    My question involves landlord-tenant law in the State of: Wisconsin

    I'm in a 1 year lease. A new leasing company took over administration of my apartment a couple months ago in the middle of the lease, and they showed their cards early as a very intrusive and pushy entity, and I foresee strict lease changes in the future and am worried about getting nickel-and-dimed when I move out. When I first moved in, extensive work was being done to the unit to make it rentable, and the original management knew full well what work they did and what condition the place was in. I did not make any maintenance requests based on the initial condition of the apartment, as they indicated they considered the work complete. The condition wasn't poor, but there are things like chipped tiles, cracks in the wall, discolored surfaces, the carpet looks to be at (or near) end of useful life, etc. You know, stuff that doesn't affect habitability, but would be expensive to fix. I am worried they may see discrepancies or a weak position and decide to finish renovations on my buck.

    Fortunately, I did make a video that I narrated during the first month of my tenancy. Unfortunately, it wasn't a Day One video, I actually made the video about 3 weeks after the start of my lease, and I was completely moved in, and additional cleaning had been done (by me) prior to the video. I did fill out a sheet (required by the original company) that was very vague with only checkboxes and I don't feel I was able to adequately describe the pre-existing condition of the place. I did not do a "walk through" inspection with an agent of the original company, and it was not offered as an option. I am not presently in the process of moving out, but I am looking forward to when I do so. Assuming for sake of my questions that when I move out there is a disagreement between myself and the landlord about what I owe for any repairs, my questions are as follows:

    1.) Is the video admissible in court? If so, is it still good evidence considering when it was made?

    2.) Assuming the new management company has that sheet I filled out, how bad is it going to be that a sheet that was filled in and signed seems to understate the damages portrayed in the video?

    3.) Can the employee of the first company who did the renovations be compelled to testify (if the matter ends up in court) to the state of the apartment prior to my arrival?

    4.) What if the new leasing company contests the legitimacy of the video? Such as, claims the metadata was altered, or that the date of the camera was rolled back? What can/would be done in response to that claim? Is there deeper metadata on a device that can prove when a video was filmed, or can a wireless carrier verify what date a movie was filmed on a phone? If a person actually doctored a video to conceal the date it was filmed, or a court came to the conclusion that was the case (erroneously), would a tenant face criminal charges?

    I would appreciate any other general advice on things to start doing, or that I should have done in the first place, in preparation for a possible dispute over the security deposit.

  2. #2
    Join Date
    Mar 2013
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    Default Re: Using Video of Apartment As Evidence of Pre-Existing Damage

    Quote Quoting Aquarius9217
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    1.) Is the video admissible in court?
    Yes, but you'll need duplicates to hand out to the judge and your opponent and a way for each of them to view. Maybe have the originals on USB drives and play it on your laptop.

    Quote Quoting Aquarius9217
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    If so, is it still good evidence considering when it was made?
    3 weeks after move in. There should be enough of a presumption that you didn't create all the conditions in just 3 weeks.

    Quote Quoting Aquarius9217
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    2.) Assuming the new management company has that sheet I filled out, how bad is it going to be that a sheet that was filled in and signed seems to understate the damages portrayed in the video?
    No way to predict that.

    Quote Quoting Aquarius9217
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    3.) Can the employee of the first company who did the renovations be compelled to testify (if the matter ends up in court) to the state of the apartment prior to my arrival?
    You would have to subpoena him. If he shows up he would have to testify under oath, which is no guarantee of anything.

    Quote Quoting Aquarius9217
    View Post

    4.) What if the new leasing company contests the legitimacy of the video? Such as, claims the metadata was altered, or that the date of the camera was rolled back? What can/would be done in response to that claim? Is there deeper metadata on a device that can prove when a video was filmed, or can a wireless carrier verify what date a movie was filmed on a phone? If a person actually doctored a video to conceal the date it was filmed, or a court came to the conclusion that was the case (erroneously), would a tenant face criminal charges?
    No way to even guess at that kind of a "what if" question. You'll just have to wait and see.

    Bottom line, this will likely be handled in small claims court. It'll be informal and I doubt if anybody will get that technical.

  3. #3
    Join Date
    Sep 2005
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    Default Re: Using Video of Apartment As Evidence of Pre-Existing Damage

    If you want to play video in court, you should speak with the court about playback equipment and practices before you show up with a laptop and a thumb drive.

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