Lawyer Advice.....Housing/Flooring Issue

dogface

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So while I was switching careers, and raising my son for awhile my wife and I decided to rent a TwinHome for a period of time (16 months to be exact) until we figured where we wanted to raise our cild, and what neighborhood would be best. Well that is where the latest line or problems is stemming and I will try my best to outline it on an abbreviated version with any specific law advice etc., is appreciated:

Ok, so we moved into this twinhome that had had been preparee nicely by the owners of the place, they actually lived next door to us for about 5 months, beofre themselves buying another place...and we did have a very nice relationship.

Well the particular question in this situation as their may be numerous more is that we are being charged for the rip up of and replacement of the "Pergo" wooded flooring that extended from the kitchen into the dining room. This is somehting that the owner installed himself before we moved in. Let's just say it was an ok job, with 1-2 CM gaps in some places and some faulty cutting in corners making it fit etc.

Well we had a carpet shampooer sitting in the litched that did leak less than a 6 oz glass full of water that sat on the floor forr about 20 minutes until it was noticed. Well this caused the "Pergo" to bubble up about 4-5 inches in the seam of the wood. We told them about it as it happened rather early in our stay, and they had mentioned to us make sure we tell anyone that comes out that is was only on their for a short time blah blah blah....(I think they were trying to get it covered by warranty) we told them we would tell the truth, and that it was only on their for a short period of time, and that it should not have done that.

Well we never heard anything more about it during our entire stay until our bad blood over our ending of the lease came into play, which caused us to move the closing of our house back a month. (Still pissed about that) well while waiitng for our deposit, we instead received a bill for $900 some odd dollars for the replacement of and installation of the new floor. WHich I do not thing is our fault at all! I say it is faulty installlationm, and if it was laid properly the seams would not have allowed water to seep into them in such a short period of time.

We did a video walk thorugh of the entire place, and have it on video showing the floor, and it's shoddy workmanship (gaps in the flooring) as well as the damage from water...what is the next step, as I do not and will not pay these rotten people. If I told you the rest of the story you would say they are rotten as well.

Also, if you happen to install flooring, or have worked on a paid basis with Pergo, I woul dalso like to talk with you, I want to make sure that this is recognized as installation error, and not our fault! It's principle more than money, but paying them anymore money for their profit would be horrible!

I will sit back and look for some advice...

TSI
 

skulldog

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Dog, I'd recommend going to a flooring Co and ask them the questions and if that doesn't work for $ 60.00+- take them to small claims court. Did they take pictures once the flooring was installed?If not you have a good case.

GL
 

THE KOD

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dog

I think I understood that .


We may need to get Eddie Haskell involved.


My take on it is I wouldnt pay them anything for the floor.

Send them a certified letter stating that you have film of shoddy workmanship and the flooring was there under normal wear and tear from your time living there. The landlord is required to provide adequate flooring to a tenant.

That amount of water should not have ruined the flooring.

Explain you have video of poor workmanship and tell them you are not responsible.

If they do anything else to pursue it they are idiots. I think its a bluff to get more money.

I would settle the lease issue and make sure you would not lose in court over that issue.

good luck

KOD
 
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dogface

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Thank you gentleman, I will contact a flooring rep first, I will also show them the video of the floor. And then proceed further, I may ask more questions so hopefully you wil be around...

Keep checking for questions from me on this issue...actually here is another question already...

They sent me a copy of the bill that they paid to get the floors redone... should I contact them and ask them questions anonymously etc., and get them to write something that the workmanship looked shoddy, or should i find another company?

How quickly should I send them the certified letter? And is that before or after I speak with the flooring company?

As for the lease issue that is solved we paid early, but will look to get that money back. But that is considered seperate form this issue, and we should pursue it as seperate issues correct?

Skulldog... provide me with more information on wether or not they took pictures or not of the flooring, how would that help, not help?


Much appreciation for the help and advice gents!


TSI
 

macavoy

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sounds like normal wear and tear. Read youre lease contract carefully. Everyone Ive ever seen says owner cannot withold security deposit for normal wear and tear..
 

BahamaMama

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dogface.... is this flooring IN the kitchen, or something that extends OUT of the kitchen?

shoot me a quick e-mail (addy in profile) if it is in the kitchen and i'll shoot a phone number your direction. my dad and i just put down 3 rooms of flooring in my house last spring.
 

RAZ

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Dog,
I believe what Skull is saying that if you have the vid/pics showing condition and they have no physical proof to contradict
(vids/pics) it bodes well for you. It might even be a problem w/Pergo itself, IMHO stuff is junk, never put it anything. Delamification is not unheard of or uncommon w/Pergo. Most importantly does Pergo recommend that flooring for kitchen/high traffic use wear water seepage or liquid spills are to be expected? Pergo is a floating floor , so seams contracting or expanding is to be expected, which would allow for penetration of any liquids, water, etc. Sounds like it might be product/vendor issue as well as poor flooring choice for area, either way it was inherited by you, not chosen, goes back to the owner and there supplier IMHO. How can they expect a kitchen floor to remain dry or spill free?
 

dogface

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GReat stuff guys and gals!


The flooring that was damaged was indeed in the kitchen, and from what I heard today people say that "Pergo" is cheap and some flooring installers do not deal wiht them anymore. But no one willing to write anything as of yet.

I do believe as you have all said that it is norma wear and tear..certainly nothing malicious or abnormal.

Bahama Mama- Anything you have for me is appreciated, thank you!



TSI
 
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