NC law and court judgements on tenants' pet causing massive carpet/pad damage? (rentals, attorney) - City-Data Forum

RDUBiker · 12-29-2011, 12:33 PM

Hi all - I just had a set of tenants move out and their pet did a lot of damage to the carpets. Stains in many rooms and a big tear down the middle of the family room about 15 feet long. They tried cleaning them before moving out but the smell and stains were still present. I can't re-rent or sell the house like this, so carpet replacement was the only option. They paid a non-refundable pet fee up front.

Now I plan to pick up half the cost of the replacement carpet and make them pay the other half. They are claiming their pet deposit shoudl cover it and that "I was going to replace the carpet anyway" which I never said was a definite. Had their pet not done the damage, a few hundred bucks for cleaning would probably have been fine, but when we removed the carpet and looked at the pads, the pads were not salvageable. Therefore the carpet and pads have to be replaced.

I realize NC law allows "normal wear and tear" but how do the courts define this? I have been living in my own house, 8 of 10 years during which I had my own pet who had his issues with carpet stains, yet my carpets have never been replaced and look 90% as good as new.

These folks moved in after I spent almost $800 on a very high end professional cleaning and the carpet was probably 90% as good as new, but now it's completely trashed.

If I go to court over this will the judge rule in their favor or mine, generally?

Let's not even get into the fact that they did their best to touch up the walls, but used paint I specifically told them NOT to use, and caused more problems than they solved, also requiring a full interior repaint!

Francois · 12-29-2011, 01:40 PM

This is a question for a lawyer, not a discussion forum.

RDUBiker · 12-29-2011, 02:50 PM

Quote:

Originally Posted by Francois

This is a question for a lawyer, not a discussion forum.

That would probably eliminate a lot of what gets asked on the forum, then. Sorry, but I didn't realize there were questions that were off limits. If you don't have any input on it, why post at all?

I'm still looking for valid input on this. Any experience out there?

MrRational · 12-29-2011, 03:11 PM

Quote:

Originally Posted by RDUBiker

I'm still looking for valid input on this. Any experience out there?

How old is the carpet now?
If more that five years old you have a tough argument to make.
If more than ten years you have NO argument.

In the future... if you allow tenants with pets be more assertive about protecting your interests.
I'd suggest vinyl or tile as a means to that end.

hth

lm_walters · 12-29-2011, 03:14 PM

I can tell you my experience but you might not like it. I was renting a house, the dogs did mess up the carpet but not to the extent you are talking about. We cleaned it the best we could but it definitely wasn't perfect. They were selling the house and I knew they were replacing the carpet for the new owners. They refused to give me back my pet deposit, I sued in small claims court without an attorney. I won and got my deposit back plus interest and they had to pay court fees. This occured about 5 years ago. The judge seemed to prefer the likeable tenant to the complaining landlord who did not come across well in court.

RDUBiker · 12-29-2011, 08:43 PM

Quote:

Originally Posted by MrRational

How old is the carpet now?
If more that five years old you have a tough argument to make.
If more than ten years you have NO argument.

In the future... if you allow tenants with pets be more assertive about protecting your interests.
I'd suggest vinyl or tile as a means to that end.

hth

Brand new in 2006. Cleaned to almost new in 2008 prior to these people moving in.

There won't be a future. I'm getting out of the landlord business.

Quote:

Originally Posted by lm_walters

I can tell you my experience but you might not like it. I was renting a house, the dogs did mess up the carpet but not to the extent you are talking about. We cleaned it the best we could but it definitely wasn't perfect. They were selling the house and I knew they were replacing the carpet for the new owners. They refused to give me back my pet deposit, I sued in small claims court without an attorney. I won and got my deposit back plus interest and they had to pay court fees. This occured about 5 years ago. The judge seemed to prefer the likeable tenant to the complaining landlord who did not come across well in court.

The pet fee is non-refundable. That's clear in my lease and also in the law. Maybe yours was a "deposit" but mine was a fee and is non-refundable.

The man tenant is "likeable" but the woman is another story. She called me twice in the past 2 months, both times to b***h me out on the phone without first even asking for info and simply making assumptions without having all the facts. She's pushy and rude and will never come across as likeable in court. I'm quite a fair landlord also...I provided a "like new" house to them and it's far from that now. Wear and tear aside (and generously allowed for in my move-out paperwork), the house is a mess due to lots of negligence on their part, all of which is documented in photos and on the move-out inspection forms we both signed.

Floorist · 12-29-2011, 10:08 PM

Statistics say the average life of a carpet is 5-7 years. This carpet was 5 years old. Could go either way. Hope you have before and after photos.

RDUBiker · 12-29-2011, 10:12 PM

Quote:

Originally Posted by Floorist

Statistics say the average life of a carpet is 5-7 years. This carpet was 5 years old. Could go either way. Hope you have before and after photos.

Where did you get that data?

Yes, I have plenty of before and after photos.

Which begs the question: how come just about everyone I know living in a house has carpet much older that still looks fine and doesn't smell like urine?

lm_walters · 12-29-2011, 11:00 PM

I had plenty of before and after photos too. Think that's why I won. I'm sorry you're in that situation. I can understand that it would be upsetting and unfair if they destroyed a good carpet that otherwise would not have needed to be replaced.

MrRational · 12-30-2011, 06:37 AM

Quote:

Originally Posted by RDUBiker

The pet fee is non-refundable.

This **in advance** fee doesn't help your claim against them.
Taking it says you were aware of the risks associated with having a pet...
you even charged them in advance anticipating that damage would happen.

Quote:

Wear and tear aside...

General wear and tear is a different category from direct pet damage issues
(which you have already gigged them for).

Quote:

Floorist: Statistics say the average life of a carpet is 5-7 years.
RDU:Where did you get that data?

The 5-7 year reference comes from the instructions for IRS form 4562
It's related to the 1040 Schedules where you report the income and expenses
(like depreciation) from this enterprise. You did report all the income... right?

In the event this ever gets to Court... the Judge will know about depreciation too.

hth