3. Get evidence to support your side

You might not agree with your landlord that you caused the damage or that the damage is as bad as they say. If so, at the hearing, you must give evidence to show the Board member what you believe really happened.

For example, your landlord might want you to pay for “damage” that is actually just from regular use, such as normal wear and tear on floors. Or you may think that the problem is not as bad or not as expensive to fix as your landlord claims.

Get an estimate

If you think the landlord is asking for too much money to repair damage, you can get your own estimate. You can call a contractor and ask them to put in writing how much it might cost to fix the damage. Bring 3 copies of the estimate to your hearing for evidence.

Take pictures

If you think the damage is not as bad as the landlord says it is, you can take pictures to show the Board. Bring 3 copies of the pictures to your hearing for evidence.

A note on hearsay (“second-hand”) evidence

If your landlord’s case is based on evidence from people who are not at the hearing, you can ask the Board member not to give much importance to that evidence because it is “hearsay”.

Hearsay means a witness just repeating what someone else told them, not what the witness actually saw or heard. It is like “second-hand” evidence.

The Board can allow hearsay evidence, but you can argue that they should not you based on hearsay. This is because stories can change when they are repeated by someone else. And it is not fair that you don’t get the chance to question the person to show that what they are saying might be mistaken or untrue.

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