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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96442
Experience:  Lawyer
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Is a landlord required to provide proof of damages other

Customer Question

Is a landlord required to provide proof of damages other than the move-in inspection report. We have a situation where the landlord is accusing the tenant of damages that the tenant is saying were previously there before they moved in. There are pictures of the damaged item, but no pictures of the item before the tenet moved in. The damage is not that noticeable as it is what looks like a burn mark on the counter-top, but could be mistaken for a blemish. The client claims that when they moved in the mark was previously there and was not a concern. Unfortunately the tenant was not present for the move-in inspection and had someone represent him.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.

I am not sure of the facts.

Are you saying the picture that was taken was now when the tenant moved out?

And does the person who represented the tenant at the move- in inspection recall that the burn was already on the counter?

Customer: replied 1 year ago.
the picture was taken now. The representative of the tenant does not recall as it was a year ago. When the tenant moved in he recognized the mark, but it was not something that he felt as worth complaining about as it did not affect his living circumstances. Also the move in inspection had already been done. Now that the move out inspection has been completed the landlord is saying that the damage was caused by the tenant. The tenant asked for pictures to show that the mark was not there before he moved in, but the landlord has refused to provide the evidence or, does not have any. Therefore it has become a he said she said matter.
Expert:  Legal Ease replied 1 year ago.

The landlord may not have a picture and that could be because the mark was there and he didn't want to document that but it could be because the mark was not there or not obvious to him. There is no way of knowing.

The problem is that the person who represented the tenant missed it if it was there and the tenant failed to point it out.

So it is a he said/she said and that is a problem for the tenant because the landlord will be able to say if the mark was there why did neither person point it out.

It may be that the tenant should try and settle because of these facts.

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