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In the case of a tenancy where the landlord claims that the tenant has not paid and the tenant insists that he has- on whom does the burden of proof rest?
Wiki User
∙ 13y ago
The burden is on the tenant to prove that they paid.
Wiki User
∙ 13y ago
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The tenant claims dust allergies and wants the landlord to pay for vent cleaning. tenant has been staying in the townhome for 2 months. Who is responsible for vent cleaning - tenant or landlord?
Landlord, but probably only once a year. The landlord should have a tech check the filters.
What type of attorney handles landlord-tenant issues?
a real-estate attorney or an attorney who specializes in landlord-tenant laws
Who is responsible for landlord's dead tree damaging tenants vehicle?
You would need evidence of an open and obvious condition (photos of the dead tree on the car would work) or evidence of written or verbal notice to the landlord about the hazard (dead tree). Without that evidence your chances of prevailing are zero. If its a small loss - put it into small claims - insurer may pay at that point
What are renters' legal rights in Arizona?
There are Landlord and Tenant Laws in Arizona. Two points are that the landlord is required to give you an itemized list of things you have to pay for after moving out--within 14 days. If the list seems extreme, you can go to small claims court to try to get the charges removed. However, you'll need backup information: the list that you filled out and signed when you moved in, affadavits from people who helped you move as to the condition of the place and so on.
Is there any way to get out of a renters lease due to medical injury?
Yes my sister broke her lease due to a medical issue. You need to explain your problem to your landlord and chances are he will let you out of your lease. If he doesn't, go to landlords and tenants court and ask for a show cause petition to break a lease. Have documentation supporting your claims.
Can a landlord take you to small claims court when they have already given you back your deposit?
Yes. If a landlord later determines that you damaged his property he can take you to court. A landlord is not required to assess damages under the deposit if they would prefer to return your deposit and sue you for more. The deposit laws are generally intended to avoid lawsuits from every landlord at the end of every tenancy.
How do you resolve a tenancy fraud?
Go to small claims court.
Is the landlord responsible if he damages a tenant's computer?
Yes, the landlord is responsible. But keep in mind that this is not a landlord/tenant issue: it's a small claims issue. So this is heard in a small claims court inquired, not a landlord/tenant court.
Can security deposit be used for cleaning a dirty vacated property?
Oregon law. yes but only if it is beyond normal wear and tear. within 31 days after termination of the tenancy landlord must give a written statement for the specific claims.
Does Connecticut recognize tenancy by the entirety?
No. Connecticut no longer recognizes tenancy by the entirety. A deed to two persons as T by E will now create a joint tenancy which is a form of ownership that is subject to claims of creditors. See C.G.S. section 14-14a.
Can a tenant take landlord's appliance when landlord refuses to return her deposit?
No, that would be theft. The appropriate avenue for recovering the deposit is to file a small claims suit against the landlord.
What kind of insurance is the Landlord Property Insurance?
Landlord Property Insurance is insurance that a landlord should have on any properties that he or she owns. Landlord insurance will protect the landlord from any damage that may happen to the property as well as any liability claims that may be made against the Landlord.
The tenant claims dust allergies and wants the landlord to pay for vent cleaning. tenant has been staying in the townhome for 2 months. Who is responsible for vent cleaning - tenant or landlord?
Landlord, but probably only once a year. The landlord should have a tech check the filters.
If you want to take a landlord to court how long do you have to file against them?
If this helps any, a landlord is no different in terms of small claims or other civil court matter. If there are grounds to sue then you may do so. Check your state's Statute of Limitations laws to see how much time you have to sue a landlord or anyone else. Landlord and Tenant issues are only applicable to eviction proceedings, not small-claims court or other civil courts.
How does a new landlord place a lien on tenants security deposit with current landlord?
You would have to go to Small Claims Court and get a judgment against the tenant. Then you could garnish the security deposit from the current landlord. Talk with an attorney for details.
Can your landlord have you pay for painting before you mve out?
If you received permission to paint the property from the landlord, you're obligated to return the apartment in the same condition as it was given to you. That means the paint on the walls too. So yes, even if you received permission to paint, you're still obligated to return it to as close as possible to the original wall color.If, however, you did not paint the premises at all and the landlord is demanding you pay for repainting for the next tenants enjoyment, that may be a huge no. The landlord cannot expect tenants to repaint after the duration of their tenancy. Minor paint damage (areas of peeling, knicks in the paint, nail holes, etc) are typically defined as ordinary wear and tare. As such, they're exempt from damage claims.
The child is 12 but claims to be 16 participates willingly in intercourse Is it 1st or 2nd degree assault?
The burden is on the perpetrator, NOT the victim.
