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Updated over 9 years ago on . Most recent reply

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Robert P.
  • New Bedford, MA
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Bogus Answer by tenant in eviction

Robert P.
  • New Bedford, MA
Posted

what should I be prepared to do to some crazy claims a tenant that I am evicting put in their answer to my summons and complaint? Do I need to defend myself, or are they required to bear proof of such claims? 

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Steve Babiak
  • Real Estate Investor
  • Audubon, PA
8,349
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Steve Babiak
  • Real Estate Investor
  • Audubon, PA
Replied
Originally posted by @Robert P.:
Originally posted by @Kimberly H.:

From what I have learned judges always want written documentation, receipts, copies of lease, copies of written communication.

 Understand that completely. But who holds the burden of proof? For example, if tenant states that something wasn't fixed for 2 weeks, do I need to prove it was? Or does tenant need to prove it was not?

Well, something like that falls under "he said she said" and it is unclear who should be believed. So if you have proof of your position, you should definitely present that to the judge. 

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