carpet/litigation issue

[Shari_B]

What is the name of your state? Pennsylvania

There are two questions in this post. I tried to keep it brief but still include as much pertinent detail as possible.

My former landlord and I have a dispute that is unsettled. He is claiming damages due to my pet, which was allowed as per my lease. When I moved out he kept my security deposit and asked for additional money based on an estimate to replace the carpeting. I filed a counter claim to recover my security deposit. Both of these cases were heard by the local magistrate and decided in his favor and he was awarded over $800 in addition to my security deposit of $650. I filed an appeal, and have not received a response. Today I received notice that I was being sued by him for damages to the house (the document says "to replace carpeting due to damage from pets") for an additional $1400. Can he sue me for the same thing twice, when he won the first case? What happens to my appeal process from here?

Note- his case included charges for cleaning the house and shampooing the carpet that he claims he will be replacing. I have receipts for cleaning the house and for shampooing the carpeting, (his charges were unnecesary and unreasonable) and I am disputing his claim that I or my pet caused any damage. I would like to recover my security deposit if possible, but at the very least I feel that his claim for money in addition to my deposit is unreasonable. There was a comment on another thread that mentioned "useful life" of a carpet. This carpet was several years old (2-3 according to his statement) when I moved in, and I occupied the house for almost 5 years. Can I be forced to pay the entire cost of a new carpet? (one that I maintain I did *not* damage, as well.)

 

[south]

What are you grounds for appeal the grounds cannot be simply you want to repeat yourself..

This is what happens when you insist on having a pet in a rental...

What is the name of your state? Pennsylvania

There are two questions in this post. I tried to keep it brief but still include as much pertinent detail as possible.

My former landlord and I have a dispute that is unsettled. He is claiming damages due to my pet, which was allowed as per my lease. When I moved out he kept my security deposit and asked for additional money based on an estimate to replace the carpeting. I filed a counter claim to recover my security deposit. Both of these cases were heard by the local magistrate and decided in his favor and he was awarded over $800 in addition to my security deposit of $650. I filed an appeal, and have not received a response. Today I received notice that I was being sued by him for damages to the house (the document says "to replace carpeting due to damage from pets") for an additional $1400. Can he sue me for the same thing twice, when he won the first case? What happens to my appeal process from here?

Note- his case included charges for cleaning the house and shampooing the carpet that he claims he will be replacing. I have receipts for cleaning the house and for shampooing the carpeting, (his charges were unnecesary and unreasonable) and I am disputing his claim that I or my pet caused any damage. I would like to recover my security deposit if possible, but at the very least I feel that his claim for money in addition to my deposit is unreasonable. There was a comment on another thread that mentioned "useful life" of a carpet. This carpet was several years old (2-3 according to his statement) when I moved in, and I occupied the house for almost 5 years. Can I be forced to pay the entire cost of a new carpet? (one that I maintain I did *not* damage, as well.)

 

[Shari_B]

Hi South-

From reading other posts on the board, I had a feeling you'd be the first (and possibly the only) reply. With all due respect, I'd prefer to discuss this with someone who has some actual legal knowledge and background. But a simple answer- (a) I didn't give exhaustive detail on the case in the interest of keeping my post as brief as possible. I appealed for several reasons- least of which is that I am entitled to an appeal process. The grounds for my appeal is completely irrelevant to the question in my original post, which is "can he sue me again for a case that he already won and is in appeal?" And (b) I didn't insist on a pet, he allowed it. In writing. Some of us are responsible pet owners in addition to being good tenants.

Thanks for taking the time to respond.

 

[BL]

Hi South-

From reading other posts on the board, I had a feeling you'd be the first (and possibly the only) reply. With all due respect, I'd prefer to discuss this with someone who has some actual legal knowledge and background. But a simple answer- (a) I didn't give exhaustive detail on the case in the interest of keeping my post as brief as possible. I appealed for several reasons- least of which is that I am entitled to an appeal process. The grounds for my appeal is completely irrelevant to the question in my original post, which is "can he sue me again for a case that he already won and is in appeal?" And (b) I didn't insist on a pet, he allowed it. In writing. Some of us are responsible pet owners in addition to being good tenants.

Thanks for taking the time to respond.

Look up Normal wear and tear ( to get an idea of carpet replacement cost ). If you can narrow it down to the Life expectancy of that particular carpet .

You must keep in mind not only can Pets damage carpet , but also the flooring underneath .

You say nothing about prior pets in the Apt. by other tenants .
If need be ask the LL in Court to prove it's value when purchased .

As far as his re suing you ? Are you not sure it's some sort of Counterclaim against you filing an Appeal ?

 

[Shari_B]

The paperwork I received didn't mention my appeal anywhere. I'm fairly certain it is directly in response to my appeal, but it's not (apparently) directly related to it. (if that makes any sense) Seems to be a separate action, from what I can tell.

As far as the damage- I have a 3lb Yorkshire terrier, and when I moved there, I also had an elderly, declawed cat with perfect house-manners. (she died 2 years after I moved in.) I wouldn't tolerate an animal that soiled or destroyed my home. The damage to the carpet was there when I moved in, and some of the fraying got a bit worse during the time I was there. He has not removed the carpet (and I'd be surprised if he *ever* removes it, to be honest) so he's not claiming damage to the floor underneath at all. He's basing his claim on an estimate to replace the carpet, not actual cost. There are repairs the house desperately needs that have not been done (roof leaks, holes in the walls, siding, etc.) and the carpeting needed to be replaced when *I* moved in.

Thanks for the response.

 

[Shari_B]

Also- I'm not sure about previous tenants/pets. It never occurred to me to ask and he never mentioned it.

 

[south]

The answer I gave warrants your question, for the record I have not just stepped of a banana boat..

You clearly stated you lost the first case and then clearly stated you appealed it, asking you what your grounds were for the appeal is a perfectly normal question.

So what are your several reasons? Or is that a big secret that needs to be guessed, if you want accurate answers then lay out an accurate question.

I also doubt very much the landlord suing you again is for the identical item..

Hi South-

From reading other posts on the board, I had a feeling you'd be the first (and possibly the only) reply. With all due respect, I'd prefer to discuss this with someone who has some actual legal knowledge and background. But a simple answer- (a) I didn't give exhaustive detail on the case in the interest of keeping my post as brief as possible. I appealed for several reasons- least of which is that I am entitled to an appeal process. The grounds for my appeal is completely irrelevant to the question in my original post, which is "can he sue me again for a case that he already won and is in appeal?" And (b) I didn't insist on a pet, he allowed it. In writing. Some of us are responsible pet owners in addition to being good tenants.

Thanks for taking the time to respond.

 

[nvr2bcn]

Landlords, previous occupants and carpet

To your first reply. If people did not insist on owning a pet, more animals would be needlessly destroyed. There are still over 4 million healthy dogs (alone) that are destroyed each year.

In my opinion it is because landlords do not allow tenants to own pets.

If you have a pet and do not own your own home, find a rental that has a pet deposit or a pet rent and make sure the contract (before you sign) clearly indicates the pet deposit is non refundable and/or that the pet rent pays the expenses of damage caused by some pets upon move out.

The truth is, a responsible pet owner usually has their pets under control and the rental suffers little or no damage at all.

Before I moved in to my slum rental, the previous occupant had a large bird and a house cat both with free run of the place. I did not realize until after I moved in that the two pets were free to defacate throughout the apartment and the renters were not home enough to properly extract the feces from the carpet.

As a result, the foundation was permeated with the residue left by the lazy people, when new carpet (which was the cheapest priced, poor quality carpet) was installed, the foundation was not properly treated, and the new carpet fell apart. (not to mention the walls had mold in them and the mold was attracted to the residue so the carpet never had a chance.)

Now I do not know if this helps your case, but food for thought?

Good Luck.

 

[south]

How can you blame this on landlords???

There are too many homeless pets because people breed too many pets not because landlords will not except them we are in the housing business not the zoo business.

Why should landlords be responsible because people want pets?

It simple buy your own property then you can do what ever you want and allow your pets to destroy carpets, woodwork, gardens, etc etc...

You are not a landlord so you have no idea the crap and expense a landlord has to go through because of pets...

To your first reply. If people did not insist on owning a pet, more animals would be needlessly destroyed. There are still over 4 million healthy dogs (alone) that are destroyed each year.

In my opinion it is because landlords do not allow tenants to own pets.

If you have a pet and do not own your own home, find a rental that has a pet deposit or a pet rent and make sure the contract (before you sign) clearly indicates the pet deposit is non refundable and/or that the pet rent pays the expenses of damage caused by some pets upon move out.

The truth is, a responsible pet owner usually has their pets under control and the rental suffers little or no damage at all.

Before I moved in to my slum rental, the previous occupant had a large bird and a house cat both with free run of the place. I did not realize until after I moved in that the two pets were free to defacate throughout the apartment and the renters were not home enough to properly extract the feces from the carpet.

As a result, the foundation was permeated with the residue left by the lazy people, when new carpet (which was the cheapest priced, poor quality carpet) was installed, the foundation was not properly treated, and the new carpet fell apart. (not to mention the walls had mold in them and the mold was attracted to the residue so the carpet never had a chance.)

Now I do not know if this helps your case, but food for thought?

Good Luck.

 

[ENASNI]

Oy

How can you blame this on landlords???

There are too many homeless pets because people breed too many pets not because landlords will not except them we are in the housing business not the zoo business.

Why should landlords be responsible because people want pets?

It simple buy your own property then you can do what ever you want and allow your pets to destroy carpets, woodwork, gardens, etc etc...

You are not a landlord so you have no idea the crap and expense a landlord has to go through because of pets...

Look south... Landlords need to let pets in sometimes get off your high-horse before it throws you off. sheesh.

Useful life is usually from the time you moved in and half timed from your rental time.

In small claims I am not sure if the appeal can get a counter claim upped.. good question and I am hoping that JETX comes in and lets us know... we are small potatoes when it comes to him. he is a shhhhh A " lawyer "
So... ummmm
In the mean time... lets just go on the useful life thing... I think a useful life is me getting off this computer sometime soon... meeting my man at my coffee house and watching the sunset with my DOG... get that south.. MY DOGGIE!

Gee I hope he is not doing any damage to my carpet at my rental while I am at the library... I cannot wait to get a new monitor for my puter...

 

[south]

Errr drifting a bit there wee ENASNI I was talking about this particular poster stuation.

Look south... Landlords need to let pets in sometimes get off your high-horse before it throws you off. sheesh.

Useful life is usually from the time you moved in and half timed from your rental time.

In small claims I am not sure if the appeal can get a counter claim upped.. good question and I am hoping that JETX comes in and lets us know... we are small potatoes when it comes to him. he is a shhhhh A " lawyer "
So... ummmm
In the mean time... lets just go on the useful life thing... I think a useful life is me getting off this computer sometime soon... meeting my man at my coffee house and watching the sunset with my DOG... get that south.. MY DOGGIE!

Gee I hope he is not doing any damage to my carpet at my rental while I am at the library... I cannot wait to get a new monitor for my puter...

 

[ENASNI]

Errr drifting a bit there wee ENASNI I was talking about this particular poster stuation.

Drifting... Drifting... Me? never!


Oh... is that Alaska?

 

[south]

Where exactly will your dog be later ENASNI

The Dog Catcher of Landlordville

Drifting... Drifting... Me? never!


Oh... is that Alaska?

 

[ENASNI]

Where exactly will your dog be later ENASNI

The Dog Catcher of Landlordville

He had better Retire

 

[south]

Classic LMAO!

He had better Retire