[jlynnelile]

I have a verbal contract to rent a tent-trailer unit Aug. 21-Aug 24. I gave a $50 deposit on July 16.

When I showed up on the 21st, the unit was not ready. I called and was told he was on a limo run and would get to me as soon as he could. He told me I could go to his office, pay the remaining rental fee ($300), get the crank and key, and set the unit up myself. I tried to do just that, but had trouble pulling the double bed out. It was kitty-cornered to the unit and stuck. The owner showed up late afternoon and said we didn't install it properly, then he left. At 7:30 that night I called again, asking when he was going to complete the set up and telling him I needed the refrigerator turned on. At about 8:30 or 9pm he showed up to set up other people's units. I asked again for the refrigerator to be turned on. My granddaughter and I slept on the "table" which made into a bed. He said he turned on the refrigerator.

The next morning our food was ruined. I called again at 1pm and asked when he was going to set up my unit and turn on the refrigerator and hook up the water. He told me he was busy but would get to me as soon as he could.

He showed up about 2:30 (August 22) and began yelling that I broke his trailer and would have to pay him $1000. We argued and he left saying he didn't have to deal with me he would sue me. I cleaned the unit, loaded our stuff, and left the key inside. I stopped payment on the $300 check.

On Sept. 9th I received my credit. Card statement and was surprised to find a $1000 charge. I worked with the credit card company to have the charge reversed and worked with the Better Business Bureau trying to resolve the issue. The credit card. co. completed their reversal in mid-December. On Dec. 19, he filed in small claims court for $1400 plus court costs and attorney. This week he amended the amount to $3000 for damages, $300 for the hot check, and $1000 for the credit card charge.

Other information:
The "estimate" he used was written for completely new (not repair) of slides, canvas, and electrical lockbox. The estimator has never seen the unit and doesn't usually do his RV repairwork.
His web site lists a 3 day rental of the unit for $275.
I have found newer models of the unit for sale for $4150 and $5400, so his demands seem unreasonable.

Do I need a lawyer? Can I counter-sue him? I would like to have my $50 deposit back, plus compensation for the xeroxing, faxes, and travel required because of this mess.

Thanks,
Jerry

[ScottGem]

I would counter sue. Generally small claims courts don't permit attorneys,

The only thing that worries me is whether you have proof to counteract his claims.

[jlynnelile]

What do I need? I have phone records (he claims I never called him and he claims he requires a 2 hour notice before arrival.) I have a copy of his "Terms & Conditions" which he failed to follow and which I NEVER signed. His "Terms & Conditions" requires a pre-rental inspection which was never done. I have the correspondence from the Cr.Card Co. and the BBB. My 87 year old father was present for the whole thing.
Does he have to produce a contract? What does he need to prove his case?

[ScottGem]

To prove his case, he has to prove the damages and that you caused them.

If you have proof that the damages were not what he claims you can present that. The fact that the CC denied his charge is helpful to you.

For the countersuit, you need proof that you paid the deposit, that the food was damaged, that you left before the weekend was over.

[Fr_Chuck]

If you used the trailor, even if it was in poor shape, you may end up owing at lest partial of the rental amount.

Do you have copies of letters sent to him and/or more documentation. Did you take photos of the damage or lack of