Witnesses must be properly qualified.
While few detainer warrants result in trial, it is important to note that if a trial occurs, then normal rules of evidence and civil procedure apply. While witnesses must be properly qualified, the landlord’s proof of damage must consist of admissible evidence and written statements in lieu of personal appearance are not admissible as these documents contain hearsay. Credibility is often an issue in landlord/tenant disputes and the status of the books and records kept by the landlord are often important factors in determining who will prevail at trial. This white paper reviews the importance of making sure that all repair requests and complaints made by the tenant are properly documented and matched to the responses made by the landlord, and that the lease is reviewed prior to trial to ensure compliance with all appropriate provisions.
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