Legal Question in Landlord & Tenant Law in Florida

What does the landlord have to prove?
A landlord is attempting to charge me $1,000 for damage to cabinets she says was caused by a leaking dishwasher. I never saw the dishwasher leaking or observed any damage to the cabinets. However I have several letters written to her stating that a plumber has inspected the home and found several leaks. The letters also state that ''we have been informed by xyz Plumbing that additional leaks are likely since several have been found in the home.'' (She did have the plumbing repaired at my request.) I also have copies of letters reporting even very minor issues including a mouse in the attic and a screw missing on a vent. The landlord is citing a clause in the lease stating that ''tenant agrees to exercise due care in the use of the premises and the appliances therein.''

How can I prove a negative? (dishwasher was not leaking)

If the dishwasher was leaking behind the walls or cabinets where I couldn't see it, does she need to prove I should have reasonably known about it?

Would a judge consider the fact that I have reported even minor issues in writing and that it makes no sense that I wouldn't report a dishwasher leaking on the floor?

Any general tips for this type of case or small claims court in general?

Asked on 6/08/04, 9:45 am

David Slater David P. Slater, Esq.

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0 attorneys agreed

Re: What does the landlord have to prove?

If you did not create the leak, nor knew about it, I do not see any liability on your part.

Answered on 6/08/04, 4:04 pm

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