LAST EDITED ON 09-26-03 AT 05:04 PM (EST)Corie161, you need to read our news page - I wrote a story about this back on the 23rd:
http://www.realitytvworld.com/index/articles/story.php?s=1789
If you'll forgive my interpretation of the news, here's how I think WB will respond:
WB rented the house and started drilling holes for the camera and cable lines, which we expressly informed the Chytens would be done and then repaired when we left. The technicians ran into the rodent infestation in the basement and the black widow spiders in the garage, both of which were pre-existing conditions. We combated both during the time that we had possession, but it increased our costs dramatically, and we were limited in the methods we could use due to the filming in the house, which was the known purpose of our rental. These were hazards that the homeowner should have known about and disclosed to us prior to the rental; in the condition that we received the property, it was not fit for our intended use. Nevertheless, we bore the extra expense and persevered. Since we did not create these conditions, we were under no obligation to remediate them before leaving and returning the possessions to the house. When the Chytens unreasonably refused the return of their possessions, it ended our further duty to repair or remediate. Thus, we have no obligation to them.
And, frankly, from reading the lawsuit, I think WB will prevail. The Chytens never allege that the black widow spiders in the garage weren't a preexisting condition; instead, they claim that WB let the spiders get into the house. I'll bet dollars to donuts that they never told WB about the black widows -- and I've never yet met a spider colony that wanted to be in the garage instead of the house. Similarly, I can't visualize an infestation of rodents so severe that it took weeks to eradicate establishing itself in just the four weeks that WB had the house.
I'm willing to bet that the Chytens wanted to move because of the spider and rodent problems, not because of their "growing family."
With regard to their damage claims, the Chytens are trying to establish that WB had an "extraordinary duty" to prevent normal wear-and-tear, and that the "damage" caused disproportionate injury to Marci because of her delicate condition during pregnancy. I'll bet they can't prove that WB ever assumed such a duty to prevent normal wear-and-tear, however. Frankly, I think Chyten just figured that WB would "pay up" to avoid the bad publicity; he didn't expect that they'd be so angry over having to fight the spiders and the rodents themselves that they'd actually develop some spine and refuse to settle.
Since the Chytens seem litigious, I'd expect this suit to go to a final verdict -- which I predict will be 100% in favor of WB, unless I've misread the factual situation completely (which is always possible).