Posted by gary on November 15, 2000 at 01:16:12:
In Reply to: Two more questions pertaining to this matter posted by K. Doe on November 14, 2000 at 10:49:26:
I'm not a lawyer--I must emphasize that--but my understanding is that no, there is no definition of "broom clean." (Perhaps one of the lawyers out there can weigh in with a definition, if there is one.)
Don't waste a lot of time on legal research on this thing.
I wouldn't worry about legal definitions. Just come into court with your videotape, and play it for the judge. Bring your witnesses. Don't throw legal definitions at the judge or try to "play lawyer," just stick to the facts.
Whose burden of proof? Well, he has to prove his case--he has to present evidence. But that could simply consist of his testimony plus repair bills or estimates. You should challenge estimates and tell the judge you don't believe that is sufficient proof of damages.
Be prepared to rebut any photos he may have.
You would then have to counteract any evidence he has with your videotape and other evidence.
I'm afraid I don't know the answer to the other question. This website has various fact sheets--I assume you are a N.Y. tenant--that can assist you.
By the way, if indeed he has NOT followed the law re giving you itemized lists or whatever, then you definitely SHOULD point that out to the judge!!!
: In addition to my original question of 'is there a textbook definition of 'broom clean'? I'd also like to know:
: 1: How long does he have to deliver the itemized list of what 'damages' he feels we should pay for and/or how long does he have to refund our security before legal action can be commenced by us?
: 2: If we do have to take him to court, who has the burden of proof? Do we have to prove that we didn't damage the place or does he have to prove that we did?
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