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I'm being sued by my landlord -- it's a typical landlord/tenant
dispute. We don't disagree about the facts, merely the dollar amount
she's asking (she wants us to pay to replace a carpet; we think we
should only have to pay the depreciated value of the original carpet).
I found, through my armchair lawyering, an appellate court citation
that says clearly and explicitly that the way I'm calculating the
costs is correct ("In regard to damages for the carpeting, plaintiff
argues the proper measure of damages is the replacement cost. We
agree with the trial court, however, that the measure of damages of
personal property which is totally destroyed is the reasonable value
of the property immediately prior to its destruction").
Here's my question: how binding is this in small claims court,
assuming the context of the case is applicable (which it seems to be)
and there is no newer/conflicting case that supercedes it (which I
haven't been able to find)?
If I present this citation (and other similar ones) to the judge, and
make a simple argument about the cost and average lifetime of the
original carpet, would the judge have discretion to award my
ex-landlord the full replacement cost she's looking for?
Thanks!
Jeremy
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Jeremy Todd wrote:
[has found an on point case which supports his position]
Here's my question: how binding is this in small claims court,
assuming the context of the case is applicable (which it seems to be)
and there is no newer/conflicting case that supercedes it (which I
haven't been able to find)?
A small claims court is a court of law and precedents on point presented to
the judge should bear weight. However there is no binding a judge to match
your facts to the facts in the case you present to support your position.
IMO, even w/o the on point precedent, your position is solid. People
complain regularly that they get less than new value when they have a car
crash not their fault. Here you are in the position similiar to the
insurance companies. You are saying that the landlord has only been harmed
the actual value or depreciated value of the carpet while he says he wants
new for old. Unless there is something in the lease allowing this, then I'd
side with you, but the judge is the judge.
If I present this citation (and other similar ones) to the judge, and
make a simple argument about the cost and average lifetime of the
original carpet, would the judge have discretion to award my
ex-landlord the full replacement cost she's looking for?
The judge could do that and in theory, you could appeal. However, unless
there is something in the lease or some bizarre local regulation that bears,
I think you'll prevail here. Whatever you do, do NOT tell the judge that due
to the strength of your case, he's bound to find for you. That will surely
end up either with a tongue lashing from the judge or maybe even an adverse
outcome for you.
-paul
ianal
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I'm being sued by my landlord -- it's a typical landlord/tenant
dispute. We don't disagree about the facts, merely the dollar amount
she's asking (she wants us to pay to replace a carpet; we think we
should only have to pay the depreciated value of the original carpet).
I found, through my armchair lawyering, an appellate court citation
that says clearly and explicitly that the way I'm calculating the
costs is correct ("In regard to damages for the carpeting, plaintiff
argues the proper measure of damages is the replacement cost. We
agree with the trial court, however, that the measure of damages of
personal property which is totally destroyed is the reasonable value
of the property immediately prior to its destruction").
Here's my question: how binding is this in small claims court,
assuming the context of the case is applicable (which it seems to be)
and there is no newer/conflicting case that supercedes it (which I
haven't been able to find)?
If I present this citation (and other similar ones) to the judge, and
make a simple argument about the cost and average lifetime of the
original carpet, would the judge have discretion to award my
ex-landlord the full replacement cost she's looking for?
Thanks!
Jeremy
Small Claims is frequently more like binding arbitration than regular
court. The judge has more freedom to come up with a ruling that he
sees as being fair than in a situation where an appeals court has set
a precedent he must follow.
That said, your citation is likely to be helpful anyway, as it plainly
supports your argument that you should owe no more than the actual
value of the carpet, not its replacement cost.
Other factors may enter into it, such as how old the carpet is and how
long that kind of carpet may be expected to last in rental-property
service, how long you were a tenant, how the carpet came to be
damaged, and the like. If, say, the carpet was several years old when
you moved in, you were a long-term tenant, and you took good care of
it, then your argument looks better. But if the carpet was near-new
and you trashed it, the landlord's argument would then be a good one.
--
Not a lawyer,
Chris Green
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I'm being sued by my landlord -- it's a typical landlord/tenant
dispute. We don't disagree about the facts, merely the dollar amount
she's asking (she wants us to pay to replace a carpet; we think we
should only have to pay the depreciated value of the original carpet).
I found, through my armchair lawyering, an appellate court citation
that says clearly and explicitly that the way I'm calculating the
costs is correct ("In regard to damages for the carpeting, plaintiff
argues the proper measure of damages is the replacement cost. We
agree with the trial court, however, that the measure of damages of
personal property which is totally destroyed is the reasonable value
of the property immediately prior to its destruction").
actually, I would argue that it is reasonable value at the time you took
possession LESS ordinary wear and tear during your tenancy; surely landlord
did not expect to find the carpet in precisely the same condition as it was
at the beginning of your tenancy ...
depending upon the time of "destruction" this is not necessarily
inconsistent with the quoted opinion ...
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"Christopher Green" <cj.green@worldnet.att.net> wrote in
misc.legal.moderated:
That said, your citation is likely to be helpful anyway, as it plainly
supports your argument that you should owe no more than the actual
value of the carpet, not its replacement cost.
Paul Cassel said much the same, and I think legally that's right.
But it may or may not be good strategy, depending on the judge.
Small claims court is supposed to be a legal forum for the little
guys. When one side has a lawyer and the other does not(*), a judge
may favor the non-lawyered party a bit, consciously or not, as a way
of evening the score. If you start citing precedents, you start
sounding like a lawyer and the other guy starts sounding like an
underdog.
I can't say it will definitely hurt or help you; I can say that in
SC court at least some judges tend to think more about what is fair
than about the letter of the law. If it were me, I would have the
precedent ready but wouldn't bring it up unless I had a sense that
it would help. Instead, I'd rely more on "judge, I want to pay
what's fair, but it doesn't seem fair to me to pay the full cost to
replace a used whatever with a new one."
(*) Allowed in some states' SC courts, not all.
--
If you e-mail me from a fake address, your fingers will drop off.
I am not a lawyer; this is not legal advice. When you read anything
legal on the net, always verify it on your own, in light of your
particular circumstances. You may also need to consult a lawyer.
Stan Brown, Oak Road Systems, Cortland County, New York, USA
http://OakRoadSystems.com
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