[quote=urbanrealtor]
Personally, I would sue first and ask questions later. Specifically, I would send a letter (or email or fax) to the landlord explaining why the “damages” were either antecedent to your possession or expected given the useful life and also explain the law. Then I would wait 1 week and sue. I would also mention in the letter that they had 7 days to respond before I sued.
I would then sue for $10k (max for small claims) and see if you get an offer to settle.