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renterhelp
May 3, 2007, 08:12 PM
I recently moved out of a bedroom I was renting in a house where the owner of the premises also resided, along with one other roommate.

About 2 months before I moved out, my girlfriend came over and was wearing high heels. Unnoticed by anyone present, which included me & her (of course) as well as the landlord and roommate, her heels happened to indent the recently finished wood floors everywhere she stepped. The indentations were small, a little smaller in diameter than a pencil eraser. No one noticed until the following morning.

She, of course, felt horrible about what happened, and the landlord was very angry. I talked with him and emailed him on several occasions explaining that she felt horrible and would gladly help pay the damages, etc. The landlord has since made no effort to come to an agreement with her, nor has he tried to fix the floor or even get a price estimate. It's now been 4 months.

I have since moved out, about 2 months ago. The landlord has made no effort to return my security deposit. I requested the deposit be returned, minus any charges and a full list of charges, with receipts thereof. He provided me with said list, about 90 days after I moved, which conveniently adds up to the exact amount of the deposit, and one of the charges is: "estimate of floor damage - $300"

Also, some of my items are still in his basement, including a brand new air conditioner unit which he promised to buy from me "At the buy.com price". I have since attempted to contact him so that I may return to the premises and collect my remaining belongings and have not been allowed to do so.

My question: Am I in my rights to take him to small claims court to reconcile the difference? I would say "that's easy", but upon moving out I neglected to provide him with written notice of my new address (see this link):
NOTICE TO QUIT (http://members.aol.com/StatutesPA/68PA250.512.html)
However, I was not moving far, within the same township, and I verbally had told him where I was moving. Furthermore, my work address was appended at the bottom of every email I sent him.

Fr_Chuck
May 3, 2007, 08:50 PM
I guess I am still having trouble with this high heals doing damage to the hard wood floors, it had to be some really sharp heals or the wood was too soft for flooring. You said dents, not scratches. I am not sure you could be held liable for damage she did to the home. Yes I would sue for damages.

excon
May 4, 2007, 04:59 AM
Hello rent:

I agree with the Padre. Either her heels were too hard, or the floor was too soft. I think the problem was the floor. Sue him.

excon

LisaB4657
May 4, 2007, 05:34 AM
Hang on a sec, guys.

Most high-heeled shoes have these little black things on the bottom of the heels called lifts. When the lifts start to wear off then a little nail sticks out. Those little nails can leave dents on any flooring other than ceramic or porcelain tile. I've seen them leave dents on hardwood floors and vinyl tiles. So it's very possible that her heels "were" too hard.

As for the security deposit, in most states that I know of, if the landlord does not provide the deposit or a written accounting of the deposit within the required time frame then they waive any right to retain the deposit for damages. So it's possible that this landlord would be required to pay back the full deposit (and possibly double or triple that amount) if they didn't provide the info within the time.

So while your girlfriend may have caused damage that you would be liable for, it sounds like the landlord didn't do what he was supposed to do in the proper time frame. Check your state's laws (there's a sticky at the top of this forum with a link to each state's laws) and see if the landlord waives his right to retain any of the deposit. If he does then file the lawsuit.

renterhelp
May 4, 2007, 05:58 AM
I agree with most of what has been answered here. The landlord neglected to do his part. However, I neglected to provide my new address (I didn't want the jerk to know it honestly) and I am curious if that would cause me to lose the case.

From Title 68:
"(b) Any landlord who fails to provide a written list within thirty days as required in subsection (a), above, shall forfeit all rights to withhold any portion of sums held in escrow, including any unpaid interest thereon, or to bring suit against the tenant for damages to the leasehold premises.
(e) Failure of the tenant to provide the landlord with his new address in writing upon termination of the lease or upon surrender and acceptance of the leasehold premises shall relieve the landlord from any liability under this section."

According to this, it's pretty cut-and-dry. But is there a way around this, or is he required to inform me of my responsibilities or something?
Thanks for all the help!

LisaB4657
May 4, 2007, 06:01 AM
No, he's not required to inform you of your responsibilities.

This is a sticky situation. But it seems like he failed to follow the law more than you failed to follow the law. You may not have given him your new home address in writing but you did give him your work address in writing when it was attached to your email. So he did have an address where he could forward your deposit or an accounting of your deposit.

Why not file a lawsuit in small claims court? All it will cost you is the filing fee, which shouldn't be much. The worst that can happen is that the judge will rule against you and your forfeit your deposit.

renterhelp
May 7, 2007, 05:55 PM
Well, I think I will then.

Maybe anyone who has gone through the process can help me with this question:
How much should I try and sue for? Obviously, the $300 and court fees, but what about the "cost" of taking a day off work (to go to court)? I could even go for double the deposit back (the law in PA). Is the judge more likely to rule in my favor if I ask for less, rather than more?

To be honest, I don't want to screw the guy; I just want my belongings, and my money, and to know that things are "fair".

LisaB4657
May 7, 2007, 06:06 PM
If you want things to be "fair" then you should just sue for the $300 and the value of your belongings. If the judge rules in your favor then you'll probably get the full deposit, doubled, plus the value of your belongings.