At our Landlord and Tenant Board hearing, my tenant claimed she is not paying rent because of repairs that need to be done in the rental unit. I served proper notice to inspect the rental unit and when I was inside the unit, I wanted to take photos and video for proof of the damages she caused, but she refused to let me take them. How can I prove the damages she caused ?

A landlord can do a maintenance inspection provided that a 24 hours’ written notice of entry is given to the tenant, specifying the date and a 2-hour window of time for entry between 8 am and 8 pm, as well as the reason for the notice. It is advisable to include in the notice that photographs may be taken of specific parts of the property that need to be repaired or maintained. If she makes it clear that she will not allow you to take photographs, it would be better not to force the issue. However, photographs of before and after repairs are the best evidence when proving damages before the Landlord and Tenant Board. The member may or may not allow the photos into evidence depending on whether or not they include the tenant’s own belongings in the pictures.

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