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Hello, here is a brief summary of the background: I had rented out a property and rightfully retained the tenant's deposit, after proper behavior, notification of set-off, compliance with deadlines, etc. The tenants had caused many damages, even exceeding the deposit amount, and did not return the house for over 2 months after the end of the lease, but simply threw the keys into the mailbox at some point, resulting in loss of rent against set-off, allowing me to offset the deposit alone. Now the tenants have demanded their deposit back and are pursuing legal action. I did not hire a lawyer as I am currently in a difficult financial situation.
Now to the only question:
The tenants/plaintiffs claim completely unfounded and unsubstantiated that there was alleged text message communication between a friend of mine who was supposed to conduct the house inspection/handover with the tenants on my behalf. They allege that my friend constantly rescheduled appointments, causing the tenants, the plaintiffs, to not be able to return the house on time and only do so 2 months later. I made a written request for evidence, as the plaintiffs' argument is completely unsubstantiated, and asked the court to require the plaintiffs to provide the phone numbers of the parties involved. Also, to present the call records and the plaintiffs' phone for inspection. Each text message has a call record, which they did not provide, but merely claim that there was a text message correspondence. Now it seems that the court is solely focusing on this text message correspondence, and I can prove that the plaintiffs are lying, but the court is completely ignoring my request for evidence. Now they have invited my friend as a witness for the plaintiffs. The fact is that this communication could not have taken place because the tenants had only one phone number for my friend. However, this phone contract no longer existed at the time of the alleged correspondence, as confirmed in writing by the network provider. Phone calls and text messages were therefore impossible. It is essential for the plaintiffs to substantiate which phone number they claim to have used for this correspondence, as their lies will then fall apart. I have repeatedly requested the court to address the lack of substantiated evidence. It is also inexplicable to me how a court can summon witnesses based on unsubstantiated claims. I cannot write to the court that the number no longer existed, as the plaintiffs may then research my friend's new number and use that. What can I do to finally get the court to require the plaintiffs to provide the phone numbers between which this alleged text message correspondence supposedly took place?????????????????? They cannot present call records or phone call logs. That is my question. I have the impression that the judge knows the opposing party's lawyer very well, to put it politely. Thank you.
