Kenneth Tawney and Pauline Tawney denied all the allegations that they had damaged the rental unit and claims the plaintiff “assumed the risk of the damages” for which it is now complaining, according to the amended answer filed in Wood Circuit Court.
The Tawneys claim the plaintiff has not suffered damages over and above the security deposit and, to the extent that the plaintiff suffered damages, they were caused by the plaintiff’s own negligence and breach of contract.
The defendants also filed counterclaims of slander and libel; discrimination under the West Virginia Fair Housing Act; failure to return security deposit; breach of warranty of habitability; breach of covenant of quiet enjoyment; and negligence.
The Tawneys signed a lease contract on April 28, 2014, for a rental property in Vienna, according to a complaint filed Feb. 22 in Wood Circuit Court.
Quality claims the Tawneys caused damage to the rental property that required repairs and modifications at its expense, including removing part of the garbage disposal, damaging the kitchen counter, damaging the carpet in multiple rooms, damaging two doors, leaving three large smudge marks on the wall, damaging the pull-down attic door and damaging the bathroom sink.
The amount of damage caused to the rental unit totaled $2,366.96, not including labor, according to the suit.
Quality claims additionally, the defendants failed to properly pay the amount of rent due in accordance with the terms of their lease at the time of their departure.
As a proximate result of the negligence and carelessness of the defendants, Quality sustained damages, according to the suit.
Quality is seeking compensatory damages with pre- and post-judgment interest. It is being represented by Todd Wiseman of Wiseman Law Firm PLLC.
The Tawneys are represented by Jennifer M. Wolfe of Story Law Office.
Wood Circuit Court case number: 16-C-70