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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100945
Experience:  Lawyer
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An African family has rented a Co-op housing unit (4 others

Customer Question

An African family has rented a Co-op housing unit (4 others in same building) and now have a cockroach infestation. The Co-op has performed a fumigation procedure and is demanding reimbursement of $689.00. The tenant has refused to pay and now has been ordered to appear in court over the issue. Should they offer a settlement or risk going to court where they might be ordered to pay and also incur legal aid costs in the process
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Is this in small claims court?

Did these tenants cause the infestation?

Customer: replied 1 year ago.
Small claims YESThey say no. They lived on site for 9 months before the problem stsrted
Expert:  Debra replied 1 year ago.

There is really no reason for them to settle.

First, the landlord has the onus of proof. That means the landlord must prove that they did this rather than they have to prove that they did not.

Secondly, if there is any cost order made in small claims court it is always very small because small claims court is set up so that the parties self represent.

Does that help?