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Posted by Joe Dumela on October 02, 1997 at 05:46:15:

In Reply to: Burden of Proof posted by Philip Kremer on October 01, 1997 at 10:46:53:

: My former landlady claims that one of my cats went into her
: apartment upstairs from mine, and urinated on a piece of her
: furniture. I doubt this. She intends to remove the cleaning
: fee from my security deposit.
: If I take this to small claims court, who has the burden of
: proof?

Does this pass the giggle test or not? It's her burden to prove
damages, but why bother -- just don't pay the last month's
rent if she's indicated she'll pull such a stunt. Ask her now in
writing to provide proof a) it happened, b) cost of cleaning
and c) that your cat was the culprit. If she threatens the cat
then call the ASPCA or whoever does that stuff.

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Comments:
: : My former landlady claims that one of my cats went into her
: : apartment upstairs from mine, and urinated on a piece of her
: : furniture.  I doubt this.  She intends to remove the cleaning
: : fee from my security deposit.
: : If I take this to small claims court, who has the burden of
: : proof?

: Does this pass the giggle test or not? It's her burden to prove
: damages, but why bother -- just don't pay the last month's
: rent if she's indicated she'll pull such a stunt. Ask her now in
: writing to provide proof a) it happened, b) cost of cleaning
: and c) that your cat was the culprit. If she threatens the cat
: then call the ASPCA or whoever does that stuff.


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