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lanlord said she will sue

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K

kellyjas

Guest
What is the name of your state? Pennsylvania
Imoved out of a rented apt. when I purchased my house and the landlord just called and said the place is a mess and she will sue me. I cleaned everything including the refrig. spotless. I even spactualed the walls. She said she will sue me cause it needs to be painted. Can she??? I also have pictures to prove it was clean.
Please some help:confused:
 


I AM ALWAYS LIABLE

Senior Member
kellyjas said:
What is the name of your state? Pennsylvania
Imoved out of a rented apt. when I purchased my house and the landlord just called and said the place is a mess and she will sue me. I cleaned everything including the refrig. spotless. I even spactualed the walls. She said she will sue me cause it needs to be painted. Can she??? I also have pictures to prove it was clean.
Please some help:confused:

My response:

You asked, "She said she will sue me cause it needs to be painted. Can she???"

Sure she can.

By the way, what is "spactualed", and would I want you to do that to me?

IAAL
 
K

kellyjas

Guest
an educational response oh ok

yes she can that's it????? OK you know alot. It was meant to be spackled didn't realize this was a spelling test. Don't bother to reply unless you do have an educational response ok
 
S

Satman74

Guest
The landlord can do whatever she wants. It's up the the judge to tell her she is full of beans. She can not sue for normal wear and tear. Now if you have graffitee all over the place that is a different matter. Just my 2 cents.
 
K

kellyjas

Guest
Thank you Satman

Thanks Satman for the mature and fair response. It's nice to see there are still normal people on the board. It was normal wear and tear and left very clean. Thanks again
 

annefan

Member
kellyjas said:
What is the name of your state? Pennsylvania
Imoved out of a rented apt. when I purchased my house and the landlord just called and said the place is a mess and she will sue me. I cleaned everything including the refrig. spotless. I even spactualed the walls. She said she will sue me cause it needs to be painted. Can she??? I also have pictures to prove it was clean.
Please some help:confused:

Painting is considered normal wear & tear when a tenant vacates a property and the courts will usually find that the landlord must absorb the expense, unless the owner has to take steps beyond painting in order to bring the walls back to the original move-in condition (i.e. removal of wallpaper, etc). It is also Pennsylvania Landlord/Tenant law that a landlord must re-paint the interior of the premises every two years, though most do not. If they choose not to, it does not guarantee a tenant a claim for any compensation, however. If you brought the walls back to their orginial move-in condition and there is no need for major restorative work, and you have your move-out photographs to prove the claim unsubstantiated, then don't lose any sleep over it.
 
D

dadrummer

Guest
By simply "spackling" the walls, without completing the entire finishing process, (sanding, re-spackling, re-sanding, priming and re-painting) you may have put yourself in the position you now find yourself in. You may have been better off by doing nothing rather then half-doing(spackling).

In other words you may have put the LL in a position that the entire apt. needed to be re-painted because you half-assed the job by simply spackling.
 

JETX

Senior Member
annefan said:
"Painting is considered normal wear & tear when a tenant vacates a property and the courts will usually find that the landlord must absorb the expense,"
*** Where the hell did you get that from??? It is simply not true!

And since this post is about Pennsylvania, how about providing a statute or case law supporting that statement??

Uh, still waiting???

And still waiting??
 

annefan

Member
To answer your personal question, 'where the hell did you get that from?'

It came from the judge's mouth at my hearing when I sued my former landlord for the security deposit he attempted to retain as 'damages'. I presented photographs which showed that the walls needed painting (I resided there for over six years), and there was no structural damage done to the walls when I vacated. The landlord attempted to recapture the cost of repainting the walls, and the judge told him "painting of the walls is considered normal wear and tear and does not constitute beyond normal wear". However, if I had WALLPAPERED and failed to remove upon vacating, that would have been considered, beyond normal wear.

As far the specific statute? I'd have to invest the time to find it, and I will do so, when time permits.
 
Last edited by a moderator:

JETX

Senior Member
Annefan, you twit!!!
You have completely misunderstood the post and tried to apply your convoluted (ill)logical crap as usual.

In this case, the writer SPACKLED the walls. Do you understand what that means!! The walls were DAMAGED and the tenant covered them with SPACKLE. That requires repainting. That is not 'normal wear and tear' as you claim.

Nor is it even the same. You lived in your rented hovel for SIX years. Since that is about the life of 'normal builder quality' paint (or maybe even too long), the requirement to repaint would be normal...... in your case. That does not mean that there is a legal provision that "Painting is considered normal wear & tear when a tenant vacates a property" as your post says.

Simply, you are letting your ass talk because your head knows better.

Got it???
 

JETX

Senior Member
Laugh all you want. Personally, I don't think that giving incorrect advice to someone looking for LEGAL answers is funny at all. Oh, and be careful, an 'axe' is about to fall.......
 

annefan

Member
An 'axe is about to fall'?

If that would be a vague reference to my membership, by all means...

I, personally, don't feel that the suggestions I've posted in this forum have been misleading to the reader. Over a year ago, I determined that I was going to keep my responses to Pennsylvania law (as I have some personal experience in Real Estate, Family Law and Civil Court), after being lambasted by you. I have read far worse and damaging replies than anything I've posted myself, and, I have seen a few legally incorrect responses by the famous few on these boards concerning PENNSYLVANIA laws in certain areas. However, not desiring to start an argument, I withheld from replying.

As the statement, which appears at the bottom of the web page so eloquently states: The FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues.

The original poster stated : "She said she will sue me cause it needs to be painted." She volunteered the information regarding 'even spackling', however, she stated nothing about the landlord claiming damages beyond painting. I wholeheartedly stand by my original response and, as such, if my postings have been detrimental to the readers of this forum...by all means....axe away.
 

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