I live in Pennsylvania. I moved out of my apartment yesterday at the end of my lease.

First, I'm in the wrong on 2 things, I'll admit it. I had financial troubles and skipped paying rent for a few months. I've already met with the landlord and am currently working on obtaining the money to pay them within a week. We have an agreement in place for the repayment of the missed rent. Also, my cat peed on the carpet. I steam cleaned it 4 times then hired a professional. It still smells. I cleaned the entire apartment, top to bottom, better than it was when I moved in (except for the carpet).

When I moved in I paid 1 month's rent for security deposit, and 1 month's rent for pet deposit. Since I've lived there I've told the landlord about a number of issues, some of which were on my move-in checklist. They've never been addressed. This includes the ceiling falling-in in the kitchen, light fixtures hanging from exposed wiring, peeling paint that tested positive for lead, lack of screens in the windows, etc. (However, I have a handwritten note, from the landlord, in response to my move-in checklist saying that the electrical problems would be addressed. It's from 4 years ago). The one time they visited my apartment to discuss some of these issues I was told (quoting verbatum), "You knew this was an old building when you moved in. If you have a problem with it maybe you should find a new place to live." That was in response to me telling them about the potential lead issue.

This morning they called me and said "what if" they have to replace the flooring underneath the carpet the cat ruined. They said if it costs more than the two deposits they're going to make me pay it.

My questions are:
1. can they make me pay in excess of what my deposits were?
2. The carpet is 30 years old and frayed, can I still be held totally liable for it? It doesn't even stay stuck to the floor in places, it flips over when you walk across it)
3. Does the fact that I have had so many outstanding issues with them lend any help to MY side of this, or am I liable for everything, no matter what, due to missing some rent and the cat ruining the 30 year old carpet? Will I get sympathy from any mediator on this?

I've admitted to them that I'm in the wrong, and I've tried to make arrangements with them to take care of it. We already have an agreement (detailed in an email) for the missed rent.

When they call me they use bullying and intimidation. I'm feeling like I should involve the Attorny General's office to deal with them so I don't have to put up with it anymore. I have recorded phone conversations saying they'll deal with things that never got dealt with, I have a lead report she ignored, I have letters I sent to her informing her of problems in the apartment that still aren't fixed... she only gets mad at me when I try to deal with this stuff.

Thanks, in advance, for your help

Hello person with question:

1) Yes. You are liable for the damage you cause no matter how much.

2) You are liable for any damage beyond normal "wear and tear". Sounds to me like 30 year old carpet is already depreciated out. Therefore, I doubt you'll be held liable for ANY carpet. Of course, in court, you'll need to prove it was 30 years old.

3) No.

You don't need the Attorney General, and you don't have to put up with it. You're out. You're done. Don't talk to them. If they're not satisfied, they'll sue you, and you can explain to the judge.

excon

PS> Let me explain #3 a little bit. You had concerns. They were either fixed or didn't bother you enough to move. That's what the court will think. I don't disagree with the court.

Excon,

First of all, your salutation made me smirk, thanks. Lol

Ok now I have a "stupid question", does getting sued reflect poorly on the person being sued like a bad debt? I mean, does it show up on my credit report? Do I have to write it on job applications, etc? Does it "follow me" for a certain number of years? (probably a stupid question, but it was a question, nonetheless.)

As for proving the age of the carpet, I have pictures, would that help? I have pictures of A lot of what's wrong with that apartment.

I see your point on #3... I guess I'd just have to raise those concerns in court and hope it carrys SOME weight. It wasn't as if it didn't bother me enough to move. I tried to pursue it with them but I got tired of being yelled at. (I'm sure if you met this woman, you would understand... most people I've spoken to, who have met her, agree with me.) I also got locked into my lease over the winter. As soon as spring came, I moved.

Thanks for your quick response, by the way.

First of all, your salutation made me smirk,

Ok now I have a "stupid question", does getting sued reflect poorly on the person being sued like a bad debt? I mean, does it show up on my credit report? Do I have to write it on job applications, etc? Does it "follow me" for a certain number of years? Hello again, person:

Yeah, I'm a smirky kind of guy.

No, no, and no. In this world, everybody gets sued. However, if you LOSE, that's a different matter. A judgment WILL affect your credit.

So, if you're sure you'll lose, don't let them sue you. You don't, however, have to negotiate on the phone if that's distastful. Write them a letter. Send it certified, return receipt requested. Tell them that, upon receipt of a bill, you'll accept their deduction from your deposit for the cat damage. Tell them that you won't pay for the carpet and why.

You don't sound unreasonable, and when presented with evidence of the 30 year old carpet and the law on the subject, your landlord may become reasonable too. I'll bet you can settle it. If not, don't cave. Tell the judge. You'll win.

excon

Thanks so much for your help.

One more minor question. Would you think it's unreasonable for me to request to see the damages to the floor, after she removes the carpet? (if she tries to tell me she needs new hardwood floors, which is what she's been threatening)

Could I call in my own expert? My fiancé works as a code inspector for the city... she doesn't like that tidbit. :D

... guess that was more than one question... :rolleyes:

Hello again:

No, I don't think it's unreasonable for you to make the request. However, if it's your desire to settle this dispute instead of enflame it, you'll need to balance her reply..

I think your request for your own expert, especially a biased one, isn't reasonable at all. If I was the landlord, I wouldn't let anybody but myself make that determination. If you insisted on it, our next step would be in front of a judge. However, if you think she's cheating, you can make her prove it in court (assuming she sues you over it).

excon