Old Landlord Trying to Sue Me

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Latest post 03-04-2010 5:01 PM by Drew. 3 replies.
  • 03-04-2010 11:45 AM

    • nv177
      Consumer
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    • Joined on 03-04-2010
    • NV
    • Posts 3

    Old Landlord Trying to Sue Me

    I currently reside in Nevada. However, my old Landlord from Pennsylvania is trying to sue me for $1500 because he said he needed to replace the carpets in my old apartment. I kept great care of my apartment, and have multiple witnesses who would back that statement up. Essentially, we believe he is trying to upgrade the apartment at my expense. He sent me a letter in the mail threatening to sue me, but how can he sue someone that lives in Nevada, when it's his word against mine and my witnesses? Wouldn't he have to come out to Nevada to go to court? Not to mention, he kept my $1000 security deposit too. The $1500 is ADDITIONAL, according to him. Real nice guy.

  • 03-04-2010 12:30 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,268

    Re: Old Landlord Trying to Sue Me

    Retired PA LLsuggestions

     

    You have two posts running --move them to one place!

    When did you give LL your new address? When did you surrender the unit ? And when did LL send you a written accounting of your security deposit and/or any statement about  carpet issues  Dates could be critical --especially damages are addressed late! 

    The issues are these :

    1. If  LL is too slow to address physical damages as to security depost  it then is too late for him to raise same as a claim or defense, IF he had your new address. 

    2. If LL blew it as to security depost accounting /return that opens up a slam dunk 2X damage claim you can be poised to make!

     

    as an aside--many carpet replacement issues are poor excuses for ordinary wear and tear and/or LL's try to ignore deprecion and reasonable remaining life of carpet --EG if carpet has say a reasonable life of 7 years and you sit there and cut holes in a 6 year old carpet  I'm still only likely to recover for the remaining 1/7 value you destroyed IF you are on your toes!   And as above, if I raise the carpet problem on day 31 I'm too late!

     

     



  • 03-04-2010 3:12 PM In reply to

    • nv177
      Consumer
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    • Joined on 03-04-2010
    • NV
    • Posts 3

    Re: Old Landlord Trying to Sue Me

    I will move the small claims post. Thanks for mentioning that. I just didn't know which "genre" it fell under. I have been out of my apartment since January 02nd, 2009. However, my lease ran until January 31st, 2009. So he had this whole time to bring up the carpet issue. Also, I called him in the beginning of February to discuss any damages that were found in the apartment, and he claimed a sliding door had to be replaced, despite the fact that I mentioned that in my move-in checklist. So I didn't complain and told him to take it out of the security deposit. I also left a box of light bulbs (electrical was bad in the place), and a smoke detector in case either of those items needed to be replaced. At that time, he asked me for my new address so he could send me a check for the remainder of the security deposit, so I gave it to him, assuming he needed it for that purpose. The letter from him was dated February 27th, although we did not receive it until March 01st. It came certified, so the letter was signed for on that date. This is technically after the 30-day mark, and even longer considering I haven't been there since January 02nd. He claims there was 5-years left in the carpet, and that he had to have carpet replaced in rooms I was rarely ever in. He stated in the letter I have until March 31st to come up with the $1500, or he will be forced to take legal action. I considered counter suing him for the things I had to replace (out of my own pocket) while I lived there, but have come to believe that I shouldn't take any action as of right now. He claims on the letter that he CCed an attorney in Pennsylvania, but wouldn't a good attorney explain to him that this isn't worth it? Do the details I provided change the circumstances? Thanks, Drew!

  • 03-04-2010 5:01 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,268

    Re: Old Landlord Trying to Sue Me

    There may be a bit of a problem that unless you did a formal surrender of your unit on Jan 2d  that your lease ended on Jan 31. So if the lease ended on Jan 31 and were sent  an accounting by Feb 27 then its likely  "timely"==my guess is date of mailing counts--or LL get at least that benefit....

     

    What you fixed out of own pocket is not relevant.

    The issue tome would be the practical problems of making valid service on you in NV if you know how to duck it  and the almost slam dunk ease of a tenant to appeal a DJ decision and force it to Common Pleas.

    I don't blame guy for trying. Its not his attorneys job to explain downsides--I'm sure LL knows those already.

    5 years left of carpet life --LL is coy--how old were they to start?

    Hey, I could get creative too-----

     

    Aside, how long were you there?

    What City? (LL's in some PA Cities are notorious for not getting permits--and lack of permit can be a big problem  as to rent collection.)

     



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