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9/17/2008

You be the judge

So none of you even caught the "on the verge of needing a lawyer" but I'll let that slide and talk about it anyway.

My ex-landlord sued me for 'damages' done to my old apartment. Can you believe that shit?
I was flabbergasted, quite frankly, because she was full of crap. I'm one of those tenants a landlord adores (remember Eduardo? he was a landlord and he said that too). Not only do I take good care of my apartment but I make improvements, with permission, as well. I figure, I may not own the place but I have to live there. When my wood screen door broke I replaced it with an aluminum storm door. I added ceiling fans to all three bedrooms. I had my sister-in-law, who was a professional landscaper, come do my yard. Yep, I'm a landlord's wet dream.

Until I move out of course and find out that my landlady is a cheapass lying cunt. What exactly, you ask, were the 'damages'? Well, in two of the rooms the carpeting need replaced because they showed worn spots.

Seriously.

Facts:
1. It was really inexpensive beige carpeting. (I'm in architecture. I know this kind of stuff).
2. I lived in this apartment for 8 years.
3. The landlord admitted that the carpeting had been in the apartment for 4 years before I moved in - making it 12 years old. Check out carpet manufacturers, you can get 5 and 7 year warranties and in rare cases, if you spend a lot, 10 years.
4. She thought I should pay the entire cost of replacing the carpet and the padding underneath at a tune of $1000. Her reasoning being that, despite the fact that the carpet warranty was years past, it was my living there that caused it to need replaced. And (I swear to God she said this) the carpeting in her house is 12 years old and it doesn't need replaced (and I so wanted to ask her if it was the same cheapass carpet she put in my apartment, but I didn't think that would sound as funny to the judge as it did to me).
5. Even though both of our names were on the lease, she only named me in the suit and not The Paperweight.
6. If the defendent doesn't show, the Plantiff automatically wins.
7. I live 3 hours away from the Magistrate's office. The Paperweight 5 minutes.

I think little Miss Slumlord was figuring she could say what she wanted, I wouldn't bother to make the drive, and she'd make out like a bandit. Ha! Little does she know I'd drive twice as far to squelch the likes of her.
So even though the hearing was at 9 am, I made the 3 hour drive up to Pennsylvania and stated my opinion.

I recently got the judgement back. What do you think was decided?

12 Comments:

Anonymous Anonymous said...

Well, Fauve

The way your life goes sometimes, nothing would surprise me. I hope the judgement went your way or that The Paperweight got nailed instead. Please let us know that it was time (and gas money) well spent.

Wed Sep 17, 11:03:00 PM EDT  
Blogger Unknown said...

I hope it went your way :)

I hope paperweight got a foot up his ass as did the landlord.

Be well

Thu Sep 18, 03:50:00 AM EDT  
Blogger Thumper said...

It makes sense that it would be judged to be normal wear and tear...but sense isn't something in large supply these days. I hope it went your way.

I'm assuming it was small claims court? Most states, if you lose, it's upon the plaintiff collect. So they can win and still never get their money.

Just sayin'...

Thu Sep 18, 02:31:00 PM EDT  
Anonymous Anonymous said...

It went your way, of course, what other way would there be?

Don't you love dumb-ass landlords?

Thu Sep 18, 03:56:00 PM EDT  
Anonymous Anonymous said...

Given that you showed up, I suspect it went your way. And I hope to God you asked the judge to make that bitch pay your time and gas for the trip!

Thu Sep 18, 09:19:00 PM EDT  
Blogger jac said...

i'm pretty sure it went your way. you're a kick-ass kinda gal!

Fri Sep 19, 12:31:00 AM EDT  
Anonymous Anonymous said...

RE: coolchick "make that bitch pay your time and gas..."

I would trade the monetary aspect in exchange for the chance to kick the slumlord's ass on the courthouse steps without fear of any type of retribution.

But that's just me and my Texas 'Tude!

Fri Sep 19, 10:18:00 AM EDT  
Blogger Monty Q. Kat said...

I agree with making the bitch pay for your gas/time. I'm not even hormonal at the moment either.

Dumb bitch. I'm hoping that it went to your favor.

Fri Sep 19, 10:23:00 AM EDT  
Blogger Unknown said...

I thought there was a three year wear clause on carpet, as in if the carpet is at least three years old, the tenant can't be charged for repair. But maybe that's a state to state thing?

I'm pretty sure you won the case. I hope you received a judgment against her for your expense representing yourself.

Fri Sep 19, 05:09:00 PM EDT  
Anonymous Anonymous said...

She loves keeping us in suspense.

Fri Sep 19, 10:21:00 PM EDT  
Blogger Stella Dean said...

I'm dying to know. Please either kill me or fess up. kthanxbai.

PS I gave you an award. xoxo Me

Mon Sep 22, 11:09:00 PM EDT  
Anonymous Anonymous said...

My sister lived in our last apartment for a total of 6 1/2 years and I lived there too for the final 1 1/2 years. The carpet was indeed that 1/2 pile crap to begin with and was there when my sister moved in.
We even shampooed it before we left and she and her friends (I was ft school and work at the time) did a snap bang job of repainting the entire place.

And the dickwad landlord who made my sister, then us, pay for window and screen door and plumbing repairs all along,
they charged us to recarpet the entire piece of crap place.

Tue Sep 23, 08:51:00 AM EDT  

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