Who Really Has The Burden Of Proof?
By: Anonymous Watcher
A woman came to court for failure to pay rent. She had two Baltimore volunteer lawyers on her side but even they couldn’t help her. When the tenant and the landlord both got to the front of the courtroom, the landlord said the tenant owed a large amount of money. The judge turned to ask the tenant and her lawyers what their response was. First, they said that the tenant’s house hadn’t been inspected for lead paint since she moved in, and that the landlord had to inspect the property before he could ask her for rent. One lawyer had a picture on her phone that showed the date of the last house inspection, and the judge expressed frustration that the lawyer was using a phone instead of printing out the picture. The landlord, as the plaintiff and the party that brought the complaint, has the burden to prove that the tenant owes the rent.
The volunteer lawyers had only just met the tenant they were working with that day. They couldn’t print any papers because the office that the volunteers work in is just a desk and two chairs in a small closet. After a verbal exchange between the lawyers and the judge, the judge demanded to know what statute prescribed that the landlord must first have the property inspected for lead before renting. Once the judge found it, he sighed and said that they were right. Before moving on, he turned to the landlord and asked the landlord if he had gotten it inspected for lead. The landlord started searching through a very large folder of old, wrinkled paper. The landlord gave the judge a page, and the judge seemed confused. The landlord pointed out a section of the page where he said the code was written. The judge looked at it and just said “What is this? It just says the word ‘Fourth’”. It was apparent the landlord did not have the lead certificate.
After that, the lawyers said that the apartment was not licensed. A new law was created saying that, since January 2019, all apartments need to be inspected and licensed. If they are not licensed, the landlord is not entitled to collect rent while the license has lapsed. The lawyers showed the judge a picture proving that the landlord had not gotten it inspected. The judge again sternly addressed the volunteer lawyers for using a phone instead of printing out the page. The landlord was at a loss for words, he did not know about the inspection. At this point, the judge decided that he would postpone the trial to a later date because neither party was, in his words, “ready”. He looked at the landlord and said that he could easily rule for the tenant, but since the tenant owed a lot of money, he could also postpone. The licensing law provides no exception for the amount alleged due and owing. The lawyers already demonstrated that the landlord did not have the required lead certification. The tenant with counsel was able to demonstrate that the landlord did not have a lead certificate and, did not have a license to rent the property. Yet still, the landlord was given more time and the tenant would have to return for another hearing.