kate_sola

all messages by user

9/22/2016
Topic: Use of medical records in ADR case

kate_sola

I am in ADR with a former tenant. Tenant claims that girlfriend never moved into the premises, but after they moved out I found her medical records and cell phone bills. These documents are left behind when they moved out along with other items of trash. I've asked him to come pick up the items but no response. Now I am in ADR with tenant regarding return of security deposit.

The issue for ADR is the damage to the premises that Tenant caused, that is why I am keeping the deposit. Why do I want to introduce the girlfriend's medical records into ADR?

i want to show that Tenant is a liar and not a credible witness. He's put into writing that his girlfriend never lived at premises, then how did such private documents find their way into the premises? I want to show that former tenant is lying about not causing damage to the premises just like he is lying about his girlfriend not living at the premises. Also, documents only have the girlfriend's name, no address of any sort.

Questions:
1. would i be violating girlfriend's privacy rights if i introduced these medical documents and phone bills to arbitrator?
2. are these documents considered abandoned along with his other trash, so i can use them in ADR?

Thanks.