How would you take this?

[Juice]

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

[Bluerauder]

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.

Sounds like you and your roommate are not on very good terms if you are considering a court action to resolve this relatively minor problem. If he was a responsible individual, he would offer an amount sufficient to cover the cost of a professional cleaning ... and if that fails ... a reasonable amount toward a replacement love seat. He needs to Man-Up on the damage. You have several options .....

1. Forget about it and chalk it up to experience.
2. Ask him to pay for professional cleaning or part of the cost of a replacement (be reasonable about this ... it sounds like it was old ..... figure out how old, then calculate reasonable depreciation and wear. If it was more than 10 years old ..... drop the whole matter.)
3. If you are the signee on the lease for the place (or the owner), give him written notice that you want him out within 30 days or 15 or whatever makes sense. I read between the lines that he is responsible for other damages.
4. If you go to court -- be prepared to document the pre-puke condition :puke: with photos and the after pics and statements from others who will attest to the damage, smell and condition. After court .... there will be bad blood no matter how it turns out. You will need another roommate.
5. Use better judgement in picking your next roomate who seems to have little respect for your stuff and wants you to pick up the whole tab.

Personally, I would dump the roommate as soon as possible or you WILL have a reoccurrence.

[Juice]

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.

This actually was the reoccurrence. The first party resulted in a kicked in bathroom door and one of my home theater speakers knocked over and damaged.

We aren't on very good terms. He ceased talking to me shortly before this party happened, and I haven't spoken to him since. There was a disagreement between us because the party in which my speaker was damaged happened in February, so I was questioning him on why he hadn't replaced it yet.

That is also part of the reason the small claims court might come into play. Before the most recent incident, I was already running out of patience about him not replacing a $250 speaker, but I wasn't really willing to deal with a court case over it. 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. That being said, I'm not satisfied with his remedy and I don't think I can get him to do it on my own.

[IwantmyMMnow!]

Your options depend on whose name is on the lease.

If I was the signee and in your situation I would:

a. ask him to pay to have it professionally cleaned; if it still smells and/or shows stains, chuck it.
b. ask him to pay you the amount the love seat was valued at before getting ruined...use this money to put towards a new love seat
c. tell him he has 30 days to get out, if he refused a or b

If my roommate was the signee, I would:

repeat a or b
c. tell him I'm moving out, if a and b were refused

Either case, if he is unwilling to do anything about what happened and there are other 'issues' going on, sounds like you need to get away from him and find a new roommate. I'm sure your local JAG office can help you in this matter as well. You will need proof of the before/after condition of the love seat as well as the party taking place against your wishes.

Good luck!

Edit: Have you brought this matter to the attention of your or his supervisor?

[sailsmen]

I would tell him to make it right or I will beat the crap out of him. He knows you are a wimp and that is why you are being treated like one.

Make sure your next room mate is wimpier then you are.

[Juice]

I didn't specifically tell him that I was against having people in the house, because in reality, I'm not against it as long as they are kept in line. I had a verbal agreement when we moved in that if anything of mine got damaged when he had people over, that he would cover the cost of fixing it. For the most recent party, I did warn him to keep people away from my things due to the fact that he still hasn't fixed previous damages, so that agreement was violated.

The problem is that both of those things were verbal agreements, so I cannot prove either of them.

I did notify the command, but I haven't heard anything about it. I am currently writing a notice that he has two weeks to fix the things he has broken (both mine and things in the house) or I am going to submit a case to small claims court and to our landlord. I will also be giving a copy of this notice to the command as proof of him being notified.

[Juice]

I would tell him to make it right or I will beat the crap out of him. He knows you are a wimp and that is why you are being treated like one.

What's that going to solve? I'll go to Captain's Mast and ruin my Naval career, my stuff won't get fixed, and he'll get away with it. No thanks.

[sailsmen]

What's that going to solve? I'll go to Captain's Mast and ruin my Naval career, my stuff won't get fixed, and he'll get away with it. No thanks.

Keep acting like a wimp and people will keep treating you like a wimp. Take a look at your self he abused you way back in Feb and where are you today? being abused again and asking for advice on this board. I don't think the Navy needs wimps.

[RacerX]

I would take the offender, make him Barfle, and post it up on youtube for the world to see. ;) Urban dictionary for that btw...:D

[sailsmen]

I am giving you blunt and rude advice because I think you may need to hear it. Use this as a positive turning point by taking a look at yourself and what you can do to stop being a victim. A life of being sh#t on is not a good life.
Taking him to court is smart, stop talking about it and do it.

Good Luck!

[Juice]

I am giving you blunt and rude advice because I think you may need to hear it. Use this as a positive turning point by taking a look at yourself and what you can do to stop being a victim. A life of being sh#t on is not a good life.
Taking him to court is smart, stop talking about it and do it.

Good Luck!

I like blunt advice, so don't think I'm offended. :up:

[Shaijack]

Billy show him how to throw an AXE....

[Gryphonzus]

You might talk to an upholstery shop and see if they can fix it.

[mike P71]

What Sailsmen said. Read it a few times and learn from it. Just my .02

[Juice]

Maybe I wasn't totally clear about my intentions. I gave him a written ultimatum to fix the broken things or be taken to court. I have already talked to him in person about it and nothing got fixed. I did it in written form as proof that could be used in court.

The reason for my post was how would you handle the couch situation, not what would you do about him. Make sense? I already planned on taking him to court if my things didn't get fixed, but since the couch can't really be simply replaced, I was curious as to what others thought I might do about it. I've never had someone vomit on my couch before, this is a new experience for me.

[SNOOT]

I am one for revenge... I am sure you can figure out what can be done without a witness..:beer:

[kernie]

What's that going to solve? I'll go to Captain's Mast and ruin my Naval career, my stuff won't get fixed, and he'll get away with it. No thanks.


I'm thinking the best advice you are getting comes from within.

:beer:

[Hadamustang1]

Dump the couch buy another on craigslist or something.. Give the old one to your roommate ,,It could be his first piece of furniture for his new party pad.

[1 Bad Merc]

If that couch had vomit on/in it for any amount of time you should just dump it. It probably wont really ever come clean as that crap has really soaked in. Almost like a car when you dump a pop or mt. dew. Once it starts stinking it is over with as you can never really get rid of the smell.

As for your roommate buddy, I would go and get some drops of visine and put about 10 in his' next drink. When he is stuck crapping on the toilet I would go into his' room and get my money or grab something that is worth it and go and pawn it. When he asks you about it just deny it like he does. He cant do crap and you will have at least gotten even!

[CBT]

Nowadays farting in mixed company can ruin your military career, so beating his ass is probably not the best option. But someone else could do it. Just sayin'.
See about having him taken to DRB for destroying your property, get a few Chiefs up in that ass.