Being Sued for Damages We Didn't Cause

**lindation** · 01-07-2009, 04:45 PM

My question involves a security deposit in the State of: Pa

PLEASE help me. I just need to know if I have enough to win in court. We moved into to this apt in March of 07. My boyfriend and I took very good care of it, as I am a clean fanatic. The landlord lived right across the street from us, and in the 20 months that we lived there, he not once ever called or came over to do any routine maintenance. We called him a few times to complain of the neighbors downstairs, because they were pigs and very loud. He never did anything about it. They took our parking spaces in the back, and he didnt care. I called him on 3 occasions to fix the storm door which was falling off the hinges, the bathtub faucet which was leaking, and the attic step which was starting to crack...mind you this house is fairly old. All 3 times we called, he had a smart comment to make which basically was to insinuate it was our fault this stuff was happening. I was about 5 months pregnant when he decides to replace the switch for the light on the front porch, with a 15 min timer switch, because he didnt like the fact that the light was left on all night. I dealt with it for a while, but once the baby came I felt very unsafe coming home to a dark house, having to leave my baby i the car, and have the headlights on so I can see the keyhole, so I tried calling him 2 times and left voice mail msgs, to please put the regular light switch back, or a motion sensor because there wasn't any street light in front and I felt very unsafe. On Oct 31st 2008, after I left the 2nd voicemail msg about the light, he hands us a 30 day notice to quit. I had a newborn baby and I had just had my gall bladder removed and he was throwing us out. I asked him why he was doing this to us and he tells me we are a nuisance because we call too much to complain. Now I know legally he could do this because we are on a month to month lease, but he started harassing me. My boyfriend and I decided not to give him rent for Nov, being as though we were moving out on the 15th. I know that it isnt really the right thing to do, but he had our security deposit and I figured he could just take the 15 days rent out of there and give me the rest. In the meantime, he called me 2 times at 7am on sunday, Nov 9th to ask for the rent, and threatened to ruin my credit which I recorded the conversations. We moved out 15 days after the notice was given to us, and we left that apartment immaculate. Not only did we take pictures of the property to see what pigs we had for neighbors (they had all kinds of furniture on their back porch), we videotaped the entire apartment before we left, pointing out the things that were broken that he never fixed and proving how well we cleaned it. I followed the proper procedure and sent him a certified letter giving him our forwarding address, and asked him to do a walk through with me. HE NEVER DID. I even tried to contact him the day we moved out, for a walk through and couldnt reach him. I sent him another certified letter confirming that he never responded to my request for a walk through as well. 2 days after we moved out he calls me to tell me that we supposedly left the place filthy, and he was going to sue me for damages. He also sends me a letter as to why I wasn't getting me deposit back. It simply reads: The deposit is not being returned for the following reasons: Nov Rent not paid, Lease violations, plumbing alterations. I sent him a certified letter back, telling him that we only lived there for 15 days out of the month, so thats all we would have to pay, also in the letter I asked for details on how we "violated" the lease, and asked for receipts for the "alterations" he made.I found out later on, that the "alterations" meant that he had to change the shower head because we had changed it when we moved there, but the old one was under the sink and had he done a walk through, he could have told us about it b4 we left. The letter doesnt mention damages at all. Now, We are being sued, for $1300 in damages, the November rent once again, which He HAS my security deposit, and for a check he says we bounced over a year ago which is the first we heard of this. Do you think he has a case? he is also trying to say that we violated our lease by having a cat, which yes in writing on the lease it says no pets, but we got our cat at the humane league in July 2008 and they got his approval b4 we brought the cat home. I have a copy of the papers that show this. I also have a lot more evidence. I printed random pictures from when we lived there to show how I kept the place, we have the video, we DID break the toilet seat tank cover by accident but spent $80 to replace it b4 we left, which I have the receipt for, I have pictures of 2 dead mice we found, that came from the pigs downstairs, I have him recorded threatening our credit, but isn't the main key the fact that he didnt do a walk through when I requested one 2 times?? I also did my reading, and I know that the fact he never did routine maintenance is a violation of the landlord, tenant handbook. So is the cracked attic step. There was also a broken floor board under the carpet and the banister was very loose (all videotaped). All these things are a violation of the implied warranty of inhabitability. I have all the proof. The house was falling apart and he never did anything about it. We were so clean and we left that apartment spotless. He is just trying to screw us. Now, I am also counter suing him for double my deposit because I feel that he wrongfully kept my deposit, and the fact tat he harassed me several times. I admit we owe him 15 days rent, but nothing more. What do you think will come of this? Thanks you in advance!

**lill** · 01-08-2009, 11:05 AM

Try paragraphs next time...you may actually get more people to respond if your post is easier to read.

Anyway....

As a month to month tenant, you are not entitled to pro-rate rent. You must pay for the entire rent period (one month). You were not required to leave by the 15th. That was your choice. You owe for the entire month of November. Also...it is illegal in all states to use your security deposit as rent without prior WRITTEN permission from the landlord.

Everything else you state will have to be determined by a judge, but I don't see how you have much of a case since you failed to pay rent for November.

**lindation** · 01-08-2009, 04:33 PM

thank you for you reply, but i dont understand why you dont think i have a case. i am not worried about the november rent, although i was told by the fair housing commission in lancaster, that the landlord does use the security deposit for the rent if need be...my main concern is the fact that he is suing me for $1300 in damages which he cant prove, especially since he never did a walk through, and we videotaped the who apartment before we left. doesnt he have to PROVE that we damaged the place?? He is trying to get money out of us for damages that were already there.

we were good tenants, we never violated the lease, and we were very clean. we didny pay november rent because he gave us 30 days to leave, i had a newborn son, and it was right b4 xmas...we didnt have the money to get another place, so we had no choice but to use the rent money and move. why should i pay for the time i wasnt living there? he wanted us out and we left. he is taking us to court for damages because he is a jerk, and i have proof that he has been harassing me. doesnt all of this count for something?