My Landlord Is Trying To Keep My Deposit For Damage That Was Already There When I Moved In

Location: Ohio

I moved out of my apartment three weeks ago after two years there. Before I moved in I did a walkthrough with the landlord and pointed out several things — a crack in the bathroom tile, a stain on the living room carpet near the window, and a broken hinge on one of the kitchen cabinets. He said he would note it all down and it would not be held against me. Nothing was put in writing. I was 22 and it was my first apartment and I did not push for a written record which I now understand was stupid.

I took photos of all of it on move-in day. Timestamped photos on my phone, clearly showing the pre-existing damage. I also took a full video walkthrough when I moved out showing the apartment in the same or better condition than when I arrived. The carpet stain is visible in both the move-in and move-out photos. The tile crack is the same. The cabinet hinge I actually fixed myself at some point.

Last week I got a letter saying he is withholding my entire deposit, $900, citing damage to the bathroom tile, carpet staining, and a broken cabinet hinge. These are word for word the same items I flagged before I even unpacked a single box.

I sent him a message with the move-in photos attached and asked him to reconsider. He replied saying photos can be taken at any time and that he has no record of any pre-existing damage being reported.

I have not responded since. I do have the original timestamped photos and the move-out video. Ohio requires landlords to return deposits within 30 days with an itemized list of deductions. He sent the letter on day 28.

Do I have a realistic case in small claims court with just the timestamped photos as evidence? And does his written claim that the damage is my fault work against him if I can show the photos predate my tenancy?