3. Get your evidence
Question & Answer
What if my landlord wants to evict me for causing damage?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 your side of the story.
For example, your landlord might want you to pay for “damage” that is actually just from regular use. For example, scuff marks on the flooring that were caused by walking around, or peeling paint. Or you may say that the problem is not as bad or not as expensive to fix as your landlord claims.
Maybe the damage was already there when you moved into your place.
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. Send copies of the estimate to your landlord and the LTB at least 7 days before your hearing.
Take pictures
If you think the damage is not as bad as the landlord says it is, you can take pictures to show the LTB. Send copies of the pictures to your landlord and the LTB at least 7 days before your hearing.
Hearsay (“second-hand”) evidence
Often, the landlord's case is based on from people who are not at the hearing. You can ask the not to give much importance to that evidence because it is “hearsay”.
Hearsay means a witness is repeating what someone else told them, not what the witness actually saw or heard. It is like “second-hand” evidence. For example, the landlord might say that another tenant saw you causing the damage, but that other tenant is not at the hearing.
The LTB 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.
