I can tell you in the abstract that "selective enforcement" is not a contract defense that I am familiar with, but waiver is; one might argue, if the contract had not been enforced in other cases that the tenant knew of, and that the landlord might reasonably expect the tenant to have known of, that the landlord had waived the contract's provisions with respect to the tenant. This is pretty dicey, though. I acn't imagine overcharges for windows would help as a matter of law with the carpet, but anything true that makes the other party look bad is helpful.
But at this point the tenant had better talk to a lawyer in his home state, maybe pay him money to tell some lies, like R and John Thornton suggest, preferably before a biased judge. Be sure to intimidate the clerk of court's personnel, like Bill Bartlett suggests, because that always works so well.
Corruptly yours
With utter venality
J. Sleaze Shylock, Esq.
--- Miike Quenling Ellis <flagrant_sake at yahoo.com>
wrote:
> --- Wojtek Sokolowski <sokol at jhu.edu> wrote:
>
> > Enforcing the pet policy is another matter. Many
> landlords enforce it
> > selectively - i.e. when the tenant pisses them off
> for other reasons,
> > but look the other way when the tenant has been
> "good" (i.e. paying the
> > rent on time and not bitching). So if that is
> your case and you can
> > prove it, you may use selective enforcement as a
> defence although I am
> > not sure how effective (Justin?).
>
> actually i have a good case for it. because about
> the same time all the
> other tenants moved out because of these 2 bands
> that practised next door.
> I was the one that told him about the problem that
> was costing him money.
> he had no clue...all the other tenants had gotten
> out and said nothing. i
> actually stuck it out to finish the lease...and got
> the shaft for it. he
> charged me for alot of other ridiculous things
> totalling aprox 1500$. it's
> pretty clear by the inventory he made 1250$ up off
> the top of his head.
>
> carpet cleaning 250$
> misc. cleaning 250$
> blinds 250$
> windows 250$
> linoleum 250$
>
> he even got cute with the acounting making some
> charges 248$, 243$, 260$,
> 236$, 245$ and split up all the cleaning so i
> wouldn't notice it all
> totaled 245$
>
> ~M.E.
>
>
>
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