How would you take this?

[CaliHwyPatrol]

Say you have a roommate and he has a party at your house against your will and someone at the party vomits on your leather love seat, having it seep into the cushions and bottom structure of the love seat.

He then won't take responsibility for fixing it, so I am going to give him a written notice to fix the love seat (and a few other things) or I am going to take him to small claims court for the damages.

How would you go about having him fix the love seat? It is old enough that you can't buy it in stores anymore, and is part of a matching set with a couch. Pre-vomit, it was in fair condition with a few knicks here and there, so it's not like it was new or anything. However, two weeks later, it still reeks of vomit and there are stains in the cloth parts of the love seat.

He wouldn't be able to replace it outright, since it isn't made anymore, so if he bought another one, it wouldn't match the couch. What would you have him do? It should be reasonable enough that a court would order him to do it if the situation came to that.

Thanks in advance

 

[markw]

Owing to the smell it's essentially ruined and having it repaired is not economical.

Assuming two rational humans are involved, he will have to admit he screwed the pooch and will want to make good.

You, being rational as well, realize it ain't exactly brand new and has lost a lot of it's value. It may have had some time left as a contributing member ofthe household but the sudden influx of vomit that refuses to leave has made it impossible to live with.

In a perfect worls, a perfect solution would be for you to both realize it must be replaced. He would give you the depreciated value of the thing and you would put up the rest to purchase a suitable replacement, either new or used.

But, keep in mind that in that perfect world it only rains at night, the temperature is always perfect for whatever you want to do, all women are 22 years old gorgeous nymphomanics, and every house comes with a tap that connects directly to Stone Brewery's Ruination supply at no charge.

 

[CaliHwyPatrol]

Thanks for the insight.

This is why I asked specifically about the love seat. Among the damaged items, it is the one thing that doesn't have a direct replacement, so I was wondering on how to go about it. I'm not out for blood, I just want my stuff fixed.

His remedy for the couch was to vacuum up the vomit with my nearly-new $500 Dyson (not a wetvac mind you), then put the vomit filled vacuum back in the closet and cover up the under part of the couch in MY dryer sheets to mask the smell.

 

[BMXTRIX]

You take him to court for the full replacement value of the sofa set and for any other damages which were created under his responsibility and let the court decide how much he owes. At no point do you give a discount if it goes to court as the courts will often decide to pro-rate things on their own and your roommate will likely ask for things to be pro-rated after you already dropped the price some. This is not something you should do before you go to court, but if you are okay with dropping the price some, then you should let the judge know that because the couch was used that you would be willing to conceed a few hundred dollars due to the age of the couch.

You should also contact a professional upholstry cleaner - I'm pretty sure they do exist. They would tell you how much it would cost, even if that price is ridiculously high.

Roommates can be very difficult, especially if they are friends. I have more than a few good and bad memories from having roommates. Now I have a wife and kids - and from time to time regret the days when I could kick the roommates out.

 

[CaliHwyPatrol]

Thanks for the advice. Luckily, we were never friends before this, only someone I knew from work. I have no issue putting his *** outside. I don't care what he does, as long as my things get fixed and future damages prevented.

 

[Rickster71]

Thanks for the insight.

This is why I asked specifically about the love seat. Among the damaged items, it is the one thing that doesn't have a direct replacement, so I was wondering on how to go about it. I'm not out for blood, I just want my stuff fixed.

His remedy for the couch was to vacuum up the vomit with my nearly-new $500 Dyson (not a wetvac mind you), then put the vomit filled vacuum back in the closet and cover up the under part of the couch in MY dryer sheets to mask the smell.

Sounds like the $500 Dyson is worth more than the couch. I'd beat his a$$ for ruining the vac.
Hey, don't get me wrong... Accidents happen at a party; he's being a real A-hole for not stepping up during the aftermath.

 

[CaliHwyPatrol]

Sounds like the $500 Dyson is worth more than the couch. I'd beat his a$$ for ruining the vac.
Hey, don't get me wrong... Accidents happen at a party; he's being a real A-hole for not stepping up during the aftermath.

That's not all. He knocked over one of my Polks (twice on 2 different occasions) and damaged it. It's on the list of things he needs to replace.

 

[jinjuku]

Time for a new room mate.

 

[96cobra10101]

I'm of the belief that if you weren't in the market to buy a new love seat, it's worth as much today as it was when you bought it.
I have a Dyson also and that can pretty much be washed out if taken apart properly, but then again, who wants to clean up vomit. So in my book, he bought you a brand new Dyson.
Is he on the lease? If not check your local laws on eviction and take this jackhole to court.

 

[jamie2112]

I myself would have thrown his *** out and sold all his stuff....life is too short for punk a** people ....seriously get a new roomate ASAP

 

[mike c]

so ... people are ****.

i wouldn't have a roommate unless they were a "22 year old gorgeous nymphomanic"

 

[Adam]

Contact Dyson and see if you can get paid to do a commercial - "Cleans up wet vomit and never loses suction."

Seriously, that sucks. I don't have any better advice than others have given...just adding my condolences and frustrations. Your roommate should get the person who threw up on the love seat to pay at least part. Hey, if you can afford to get hammered and cough up your dinner, you better be able to cough up some cash to handle the damage.

 

[markw]

so ... people are ****.

i wouldn't have a roommate unless they were a "22 year old gorgeous nymphomanic"

Trust me, it's not all it's cracked up to be.

 

[mike c]

Trust me, it's not all it's cracked up to be.

pictures or it didn't happen.

 

[Adam]

pictures or it didn't happen.

Please, NO PICTURES!!! I believe you, I believe you!

 

[mike c]

Please, NO PICTURES!!! I believe you, I believe you!

let me rephrase. pictures of the 22 year old gorgeous nymphomaniac. NOT of mark

 

[GO-NAD!]

Some good advice offered already.

I'll just say that I wouldn't worry in the least about ruining the "relationship". It looks like he doesn't have the least bit of consideration for other peoples' property, so I'd go for whatever I could get out of him. Sucking up spew with a dryvac? Seriously? I can only imagine that he must've been still plastered when he did that. Anyone that stupid, when sober, probably wouldn't know how to turn it on...

Is that Judge Judy chick still on TV? You could give that a shot...

 

[gmichael]

Trust me, it's not all it's cracked up to be.

Yeah it is, for a few months. Then she needs to go the f.ck home or shut the f.ck up.

On another note. This wasn't the best thread for me to read while eating lunch.

Good luck with the roomate. Hope you get taken care of.

 

[Tarub]

 

[ParadigmDawg]

That's not all. He knocked over one of my Polks (twice on 2 different occasions) and damaged it. It's on the list of things he needs to replace.

So are you saying that he did a disservice with the puke but a service with the Polk????