A tenant moved out and the carpet stinks of animal pee?

Question

The carpets were not new. They were there when I bought the place so they're at six 5 years old. However, they were in decent shape with no noted stains (tenants mentioned nothing on their initial walk-though form either, which we both signed). The only thing to note about the carpet was that the seam between the living and dining rooms was beginning to separate.

The carpets have been cleaned... three times with a rented machine, but the animal pee smell is not going away. It must be soaked all the way through and the carpet has to be removed.

For the purpose of deducting her deposit, how do I go about determining the carpet's value? I do not know the exact age of the carpet, I just know that it didn't smell like pee when she moved in. The smell is really pungent.

Also, she lied about having animals in the house. The lease requires written permission. When she asked six months ago if she could have a pit bull, I said "no." She said she didn't get the dog (because I said not to) but that it VISITED a lot.

When I was there recently, there were three dogs staying at the premises. Neighbors confirm the dogs have been there form months.

Carpets are shot... how do I calculate the reduction to her deposit?

Thanks!

Answer 1

to make along story short for you ok is take all the security deposit in not give her a dime of it back she lied to you about having any dogs in the apartment you can if you want to are not take her to small claims court sue her for lying to you about the 2 are 3 dogs being there when she said there were no dogs cause the carpet is shot the padding is shot in i hate to tell you the wood that is under the carpet will have to be replaced cause the pee that went thur the carpet went to the wood floor in is damaged all so hope this helped out n hagd :)

Answer 2

Ditto what the first contributor said, but you are doubtful to collect even if you win in court.

My dad had a problem with animal stains on a plywood subfloor and finally curred the problem by painting the floors with some like commercial grade paint rather than replacing all of the wood. Of course if it has soft spots and not just odor, that may warrant replacement.

Sorry for your luck. I would keep a closer eye on the property in the future. A clause in your lease stipulating a monthly inspection with 24 hours notice might help to discourage someone from trying this trick again.

Answer 3

You are entitled to damages incurred.  Depending on your state statute, you might be able to recoup the entire cost of replacement flooring.  Some states require that you 'prorate' the age of the carpets, and you can discover that prorata value by checking your statutes.

Bear in mind that, if the urine saturation is severe, you may well have to replace the underlayment under the carpet to eliminate the odors.  Underlayment is NOT prorated, since it is a long term product.  If this tenant abrogated the lease agreement by having 'visiting dogs', you have a strong stand.

When you replace the products needed to be replaced, keep accurate receipts with indications from professionals as to the needed replacements.  Then take her to small claims court for your expenses.

Answer 4

write her a letter stating that the carpets were cleaned and the smell continues.  Send her copies of the bills and an estimate for replacing the carpet.  You may not need to refund her anything.  State that there were no pets allowed and even "visiting" animals cause damage.  Do everything in writing.

Answer 5

I would get an estimate from a professional cleaner (Stanley Steamer, ServiceMaster) and bill her for that cost.  I would have that bill sent CMRR written by my attorney.

I would be surprised if the deposit covers the costs

Answer 6

It depends on your state laws, but in most you would be completely in your right to charge her for the entire cost of replacing the carpet and take her entire deposit. You would probably not have to replace the carpeting if she wouldn't have ruined it, therefore she is responsible. You also have the leverage that she broke the lease, which in some states could potentially allow you to take the entire deposit anyway.

Really, if I were in your situation, I would charge her for the carpets and charge her for anything else that is damaged, and send her a bill for what her deposit doesn't cover. She'll probably get upset and call you asking for an explanation. Tell her that you're charging her for the carpets because 1. she broke the lease and 2. destroyed the carpets and that you'd be willing to drop the rest of the charges and not take her to small claims court but you're taking her entire deposit.

You could also just send her the total charges, minus the deposit, and then minus the rest as a "tax writeoff/loss" and she might just leave it be at that.