There was a miscommunication between my husband and I and our landlord. The landlord had side walk pavers at the house when we moved in. He told us that we could do whatever we wanted with them, he wasn't going to use them(atleast thats the way we understood it). we have also had several problems from him with our roof leaking. It has been leaking for over a year and he just fixed it. After the ceilings have already started to turn black/brown and my wedding dress (which i was going to sell) & several items of my clothes got ruined! Needless to say we let friends of our have them. We just moved out from that house and the Landlord is saying that we owe him for the pavers that he didn't give us permission to do anything with them. That's fine whatever I'll pay for them, but I want them to show me proof of how much he paid for the pavers. I'm not just going to pay for them because he tells me a certian price and proof that he actually purchased them and is not just trying to make money off us. Well, he says that he cannot come up with proof that he purchased them or how much he purchased them for. He is still wanting us to pay and says he will take us to court over it if we don't pay. All I want is proof and I wil pay. We even asked him about paying me back for the wedding dress that got ruined, he said no "that I should've moved it". He should have fixed the roof the 1st time we told him it was leaking!! Do we have a legal case against him for the wedding dress? Does he have a legal case against us over the pavers? I really need some advice!!!
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going crazy
- Thread Starter Debra4384
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jacksgal
New Member
Legal for what your dress? No thats why you get renters insurance. Far as price of pavers you would not owe the amount he paid but the value of the items as they are now. Example if an item is $100.00 new but is one year old you would owe the value of said item after one year of use. Contact retailers they can give you fair estimate of value of said item(s)
army judge
Super Moderator
You have no case against anyone for the dress.
He has a case against you for the pavers.
You had none of this in writing.
If it goes to court, who do you think will be believed?
He's a landlord, you're renters.
It ain't fair, but that's the way it is!
Give him back his crap, or be prepared to get gouged.
He could even have you charged with theft.
Nothing is out of play when crap like this gets started.
It is what it is, isn't it?
He has a case against you for the pavers.
You had none of this in writing.
If it goes to court, who do you think will be believed?
He's a landlord, you're renters.
It ain't fair, but that's the way it is!
Give him back his crap, or be prepared to get gouged.
He could even have you charged with theft.
Nothing is out of play when crap like this gets started.
It is what it is, isn't it?
fredrikklaw
Moderator
Setoff Counterclaim!
Debra4384:
Well, it is really a case of six of one, and half a dozen of the other and I hope you will not be bullied into paying anything for the pavers.
Yes, you do have a claim against the landlord for the wedding dress being ruined (if it has not been over two years since the incident) because the maintenance and upkeep of "the roof" is the absolute responsibility of the landlord and not the tenant. By the same token, the landlord does have a claim against you for the pavers.
But neither you nor the landlord can prove damages or even the existence of the items to outright start a small claims lawsuit since you gave the dress away and the pavers are wherever they might be; with you or adorning the sidewalk or in the local dump, it matters not. But even if you could and a suit is filed, the claim for damages from plaintiff can be neutralized by a SETOFF counterclaim from the defendant.
So, if the landlord should file suit, all you have to do is counterclaim by way of a SETOFF and that will be the end of the matter. And just to save everyone involved a lot of time and hassle you may want to write a letter to the landlord, letting him know in no uncertain, but certainly polite civil, and abstract way, that should he file suit, he will be met with your counterclaim, and then just leave it at that.
So whether he does file a lawsuit or not, you are not going to pay, or be paying out a dime because you don't owe him anything and the same is true for him.
fredrikklaw
Debra4384:
Well, it is really a case of six of one, and half a dozen of the other and I hope you will not be bullied into paying anything for the pavers.
Yes, you do have a claim against the landlord for the wedding dress being ruined (if it has not been over two years since the incident) because the maintenance and upkeep of "the roof" is the absolute responsibility of the landlord and not the tenant. By the same token, the landlord does have a claim against you for the pavers.
But neither you nor the landlord can prove damages or even the existence of the items to outright start a small claims lawsuit since you gave the dress away and the pavers are wherever they might be; with you or adorning the sidewalk or in the local dump, it matters not. But even if you could and a suit is filed, the claim for damages from plaintiff can be neutralized by a SETOFF counterclaim from the defendant.
So, if the landlord should file suit, all you have to do is counterclaim by way of a SETOFF and that will be the end of the matter. And just to save everyone involved a lot of time and hassle you may want to write a letter to the landlord, letting him know in no uncertain, but certainly polite civil, and abstract way, that should he file suit, he will be met with your counterclaim, and then just leave it at that.
So whether he does file a lawsuit or not, you are not going to pay, or be paying out a dime because you don't owe him anything and the same is true for him.
fredrikklaw
Can you use voicemail messages in court as evidence? Because my exlandlords girlfriend (the one I've been dealing w/the most) is calling me 2-3 times per day this whole week! She said on one of her messages that "The only reason she was doing this (possibly taking us to court) was to teach my husband a lesson." That "he thinks he is a conartist" and "he is too old to be acting like he is." Which is not true at all!!!!!! Could that possibly be slander? She is the one that will possibly taking us to court because the pavers were on her land. They do not even have any proof that the pavers ever existed, except for their word. Which is landlord vs ex-renter though. At least we have proof with the dress. We have pics from when the ceiling first started leaking bout 1yr ago we have pics from 6months ago, and pics before we moved out, we even still have the wedding dress. I know it is my fault I should have had renters inscurance. Its just making me mad that she keeps calling and harrassing me while I am trying to sleep (I work nights) just to insult my husband and to brag that she has a good friend who is a magistrate who will be helping her with the case. Good for her whoop tee doo!! But wouldn't that be conflict of interest? I don't know I'm just getting more and more frustrated and confused as to what to do, what my rights are etc.
army judge
Super Moderator
You can introduce recordings of that nature into evidence in small claims court.
For what purpose, I have no idea.
But you can play them if the judge allows it.
She isn't your landlord.
Change your phone number.
Get some peace.
There are bigger things in this world.
For what purpose, I have no idea.
But you can play them if the judge allows it.
She isn't your landlord.
Change your phone number.
Get some peace.
There are bigger things in this world.
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