We moved out a few weeks ago and the landlord sent an itemized checklist of repairs not only withholding our security deposit. We are sure this is not done on good faith because we cleaned the house extremely well before leaving and we have contacted several other former tenants who were charged the exact same amount upon their move out. We sent a certified mail letter demanding invoices for the cleaning and painting services we were being charged for and the return of our security deposit or else we would sue in small claims court. The landlord responded that she has not yet cleaned or painted or done any of the services she is charging us for, so she cannot give us invoices, but she still refuses to return the security deposit and drop the extra charges.

My question is, is it legal for her to charge us for cleaning painting etc. without having actually done those services. If we did sue in small claims court, would we be able to point to her email where she says she hasn't cleaned or painted, even though she charges us for that, as evidence of her illegally withholding?

Thanks all for your answers!!