The Small Claims Court held a hearing on May 26, 2004. Both parties testified, and they
also presented testimony from witnesses Gregory Brown, Francine Capizzi, Alice Anderson,
John Bodnar, Dana Waters, and from Kevin Dempsey’s wife Cynthia Bailey-Dempsey. The
main issues in dispute concerned (1) the extent of damage caused by the Dempseys’ pets, and
whether the damages exceeded “normal wear and tear,” (2) the terms of the lease, including the
timing and circumstances of the termination, and (3) whether Mr. Riley had wilfully and
wrongfully withheld the security deposit beyond the 14 days provided by statute.
On the first issue, Mr. Riley presented photographs taken in April of 2004, showing
scratches in various areas of the floor, in a sliding door, and in the upholstery of a couch and
chairs. He also presented testimony from Gregory Brown of Brown’s Hardwoods, Inc.,
estimating the total cost of resurfacing and refinishing the floors (including moving and storing
the furniture) at about $4,470. Mr. Riley also presented evidence documenting additional costs
of replacing a sliding door and re-upholstering the furniture. Mr. Dempsey presented testimony
from Dana Waters, a real estate agent who had visited the house in early October of 2003. Mr.
Waters testified that he did not observe any unusual wear and tear in the house. The Small
Claims Court did not make extensive findings concerning the extent of the damage, but the court
decided this first issue in Mr. Dempsey’s favor by concluding that Mr. Riley had failed to show
damages “above ‘normal wear and tear’ in a circumstance where pets are specifically allowed
under the lease.”