Need Help-Being Sued Over Pet Damages $20,000!! (hardwood floor, apartment, rental)

[jeanninereb123]

Is anyone familiar with rental laws/civil court in Berks County?
I lived in a rental home for 1 year with my husband, 2 year old and 4 pets; 2 dogs and 2 cats. The Landlord decided 10 months into the lease that she wanted to move back into the home in 4 months; giving us 3 months to find a new place and her 1 month to renovate the home. In early Jan 2017 she decided to pop in for measurements for paint; at that time she performed a surprise home inspection (1/9/17); then 2 days later served us with a certified letter with many items she stated were deplorable and not up to her standards or per lease. This included items such as hardwood floor scratches from the pets and the oil tank not being filled all the way in addition to the salt softner not having salt (which it did); but we were still occupying the property until 1/31/17. She started with about $3,000 worth of damages and stated if we did not repair the home and pay her she was going to sue us in civil court even listing the judge's name.

The landlord went to Japan for a few weeks and in that time frame had her dad harass us; saying there was an emergency situation when the oil tank was filled and he needed access asap..no emergency just hassle since I was at work. She never contacted us again; only to leave the keys on the counter on 1/31/17. Then Feb 2017 (2/21/17) we received another email with even more 'damages' that we caused. This time the oil tank and salt softener levels were not mentioned, the hardwood floor scratches are gone and now the floors have been covered in urine and need to be replaced. Stating over 50% damaged and needs to be fully replaced. She brought in Servpro, a remediation company to 'access' the extent of the damage to hot only the house but to an outside structure we had no use of at all. They are looking for $8-$12k for the house and other structure for their remediation. The landlord has run with their estimate, plus now the hardwood floors are going to cost $6500; every single door, moulding, drywall (even in the ceiling), insulation and all radiators must be replaced-estimate $4000 plus little things. This open concept home that has all wood cabinets in the kitchen, cheap lino floors and falling down moulding but there was not one lick of 'pet' damage in it (even though my cat Simon lived in it).

Note the house was built in 1960's. The Hardwood floors were not new (probably original), sealed, painted or anything but cleaned when we moved in.

How can my pets and family caused this damage in less than a year? How can I fight this? Does the landlord have burden of proof with this 'Servpro" report? Also, the landlord deemed her home unlivable and also said she has had the 'windows' open every day to date since 1/31 (I drove by 4-5 times and the windows were not open).
Even though I was given the threatening 'taking you to civil court' letters the security deposit amount has not been broken down to where it is being applied.

[toobusytoday]

I would suggest that you hire a lawyer pronto. It sounds like your landlord is planning to take advantage of you and knows what she's doing. Have you looked on-line to see if she has done anything similar in the past? Good luck!

[Wells5]

Your landlady is trying to make you pay for renovating her house. Because of what she is asking in damages, she cannot file in justice court, which dollar claims limit is $12,000, but must file in Common Pleas Court. Though it is possible for an individual to file a lawsuit in that court by themselves, a lawyer is always recommended.


Your case will be assigned to an arbitration process in which the court will appoint a panel of lawyers to hear your case and make a decision. If there is no provision in your lease that states the tenant will pay attorney's fees and court costs in case of legal action brought by the LL, your LL will have to pony up a big legal contingency fee before a lawyer will take her case.

[Scrat335]

OP situation is why I'm beginning to think it's better to just live in your car.

This is my last month in this apartment . They want to raise my rent from 800 to 1300 a month. Yeah right. I suspect I'll be hit up for some damages even though in the last 30 yrs all that has been done is sloppy paint jobs and new carpets once in awhile.

I already arranged a deal with my daughter. I'm going to live in her garage and pay half her house payment. A great deal for us both. That's going to be one hell of a mancave.