Solem v. Chilcote, 906 P.2d 209 (1995)

rent      back.         The landlord             started           to run his              advertisement                 to rent
the apartment             on March 23, 1991.                      The tenants                moved out by April                    1,
1991.
          On March          30,      1991,        and prior                to        the      tenants          moving,           The
landlord          alleges          that         he     and        his         wife         conducted               a    cleaning
inspection             and went         through            the       apartment             pointing           out       specific
items      to     the      tenants         that       needed            cleaning.                   The landlord                also
alleges         that     later      the same day he hand delivered                                     a written           notice
of      general        cleaning          requirements                 to      the      tenants'             mailbox.             The
tenants         deny any such cleaning                       inspection                and delivery                of notice.
          The apartment            was leased              to a new tenant                   on April          8, 1991.            On
April       17,        1991,      the      landlord              prepared             a written               statement            of
damages and cleaning                     and presented                 this          statement            to the tenants.
The      landlord         deducted              $70.50       for        cleaning              charges,             $126.67         of
prorated          rent      from        April        1 through             the         date         the     premises            were
re-let      on April             8, and $18.00               in damages and repairs                                ($10 for         a
missing         smoke alarm and $8 for                      nail        holes).              He returned               $84.83      of
the $300 deposit                 to the tenants.
          The tenants              objected           to     the        deductions                  and filed            suit      in
Justice         Court.           Justice         Court       found         that        the         landlord        had agreed
orally      to refund            any rent         due after           April           1, and that             the rent          from
April      1 to Apri .l 8 was wrongfully                          withheld.                The court           then ordered