Peter Vouthones et al. v. Troy Moses (2009)

MEMORANDUM OF DECISION

This action is brought by the plaintiffs, Peter Vouthones and Rose Vouthones (“Landlord”), seeking money damages from the defendant, Troy Moses (“Tenant”), for alleged damage to the commercial premises known as Suites 200, 201, 202, 203, 205, and 207 located at 248 Farmington Avenue, Hartford, Connecticut (the “Premises”).   The matter was heard by the court on May 18, 2009.   The Landlord was represented by counsel.   The Tenant was self-represented.

BACKGROUND

In September 2004, the Tenant entered into a commercial lease of the Premises with the Landlord for the purpose of conducting counseling and academic programs for children between the ages of five and seventeen.   The Tenant vacated the Premises in July 2007.   The Landlord's complaint alleges that the Tenant left the Premises in a state of disrepair including damage to the carpets, walls, windows, doors, floors, railings, bathrooms and glass doors.   The Landlord claims damages to repair and restore the Premises to their former condition.

DISCUSSION

Peter Vouthones testified as to the extent of the damage and submitted fifty-three photographs of the Premises depicting the damage claimed.  (Plaintiffs' Exhibits 4-57.)   Vouthones also claimed that the carpeting was in pristine condition prior to the Tenant's occupancy and submitted schedules of the costs of labor and materials expended to repair or restore the Premises (Plaintiffs' Exhibits 2 and 3).

The Tenant's former program manager, Mariela Santana-Crawford testified that the conditions in the Plaintiff's photographs did not accurately depict the condition of the Premises during the period of her employment although she acknowledged that there was some damage to the carpeting and walls.   The Tenant offered no photographs or other evidence.

The invoice for the new carpeting indicates that it was installed by the carpet vendor.   The following labor award for Ramadani and Davis reflects the 107.5 man hours of labor submitted by the Landlord.   The following award credits two days labor by Bakogiorgas at $200 per day as submitted.   The Landlord also submitted claims for labor for 18 days at $200 per day for George Bakagiorgas and Peter Vouthones each for a total of 36 days or $7,200.   Based upon the extent of the damage depicted in the photographs submitted by the Landlord, the court makes no award for this claim or for any other claims except as set forth below.

Based on the credible testimony presented during the trial and the full exhibits submitted, the court finds and awards the plaintiffs the following damages.

1. Carpeting in four of the six Suites $3,400.00

2. Replacement of glass 286.00

3. Out-of-pocket labor to Ramadani 435.00

4. Out-of-pocket labor to Davis 640.00

5. Labor to Bakogiorgas (2 days) 400.00

TOTAL 5,161.00

SO ORDERED.

BY THE COURT,

Gilligan, J.

Gilligan, Robert G., J.