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Im being sued for damages to a rental unit but we didn't go…

Customer Question
Im being sued for...

Im being sued for damages to a rental unit but we didn't go through the inspection at the start of the lease or when we left...

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Ontario

Lawyer's Assistant: Has anything been filed or reported?

Filed no, but we got a lawyers letter from the landlord son (he has a law firm)

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

This is likely to end up in small claims, just looking to gauge how much of trouble this is worth...

Submitted: 10 months ago.Category: Canada Law
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Answered in 1 minute by:
10/4/2017
Lawyer: Debra, Lawyer replied 10 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,060
Experience: Lawyer
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 10 months ago

I am sorry to hear this.

Can they prove you caused damage and that this damage exceeded regular wear and tear?

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Customer reply replied 10 months ago
I don't think so... maybe they can show some invoices for repair they decided to do to the unit after we left... attached is the list of damages, they claim it amounts to 8500$ which sounds preposterous to me in any case...
Lawyer: Debra, Lawyer replied 10 months ago

If they sue you then it their burden of proof and that means that they have to prove that you did cause these damages and not that you have to prove you did not.

But some of the items on the list are likely easy to prove or disprove. For example, if you replaced appliances that should be easy for them to prove and if you did not it should be easy for you to disprove.

Some of the items sound like they may be regular wear and tear if you were there for a long time but not the case if the rental was not for long.

If you can show pictures about what the home look liked when you moved in that would help.

So it may be that your best next step is to try and negotiate but I don't really know what they can prove or you can disprove.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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