[Natasha_s_]

Hi,
Our former landlord is suing us in a small claims court for carpet damages (approx $4000, much higher than the security deposit). I'll have further questions on this, but will start with the simplest one.

We've read that Pennsylvania requires the landlord to provide a written list of damages within 30 days of receiving the key from the apartment, otherwise he forfeits his right to the security deposit.

We did not receive any communications from him and didn't know he was intending to go to court, until the constable showed up at our doorstep with the court notice.

The court notice itself does contain the list of damages and costs ($$ for cleaning and $$ for carpet replacement), as well as sources of the quotes.

The question is, can the court notice itself serve as a list of damages, or did he forfeit the law by going directly to court without ever notifying us.

Thank you!

[N0help4u]

He did not forfeit anything by going to court without notifying you.
It can be held against him if he did not send you the itemized list within the 30 days.

You have the list of damages and it is up to you to prove you didn't do the damages.
If you don't have pictures of your move out and/OR when you moved in and can't get any kind of proof your best defense on a lot of it might be wear and tear.

Do you know how old the carpets were?
I read somewhere that at five years old
Carpeting becomes the landlords responsibility due to wear and tear. Will try and look that up and post it if I find it.

When the last time the place was painted?
(if he is going after you for needing to paint walls).

What other damages is he claiming?