How do I prove damage from a smell? (tenant, renters, inspection)
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So one of my renters let his cat pee all over laminate wood floors and didn't clean it for days. Needless to say, the urine has soaked into the wood to a point where the only way to get rid the smell is total replacement. And yes total replacement is necessary because the stench is so overpowering that its hard to stay in the condo for more then 2 minutes. I don't know how my renter can stand it. I guess he is used to the smell. I'm estimating the replacement to cost anywhere from $1600-2400. My question is in case he refuses to pay how do I prove the "damage by smell" in court?
When I had to replace carpet due to the smell of cat pee, I took a swatch and placed it in a plastic bad and sealed it. I kept it in case I needed to go to court because the tenant was unhappy about having to pay for prorated portion of new carpet, and threatened to sue. The tenant didn't sue so I never needed to use the swatch of carpet. I kept it for a year or so. It still smelled like cat pee after all that time.
Would it show under black light? Is it possible to video or photograph black light evidence? Another way may be having an affidavit from the flooring company or a cleaning company declaring the floor a loss.
Laminate can be tricky because of the joints where urine can seep in. You will need to check baseboards and any floor vents also.
You can keep a sample of the floor, but I would take a video of myself removing it from the installed floor so they don't think I put a piece of laminate in a bag and poured pee on it.
That's an expensive laminate if your corner is costing that much. You can piece out laminate flooring easily even when glued down. Find a good contractor to do the work.
As for proof pictures. Pee will stain and the particle board will swell and warp. Also the flooring contractor or cleaning company can note the smell on their invoices.
I will look into that. Thanks for all the suggestions everyone. I just thought of something else that may help. Let me know your opinion on this. The renter of this property is the original owner. I bought the property from him and he immediately started renting from me. When I bought the property I had an inspection done. Obviously if there was such a strong stench in the property at the time of purchase, it would have been noted in the inspection.
Since nothing regarding a strong odor was noted on the inspection it can be assumed that the source of the smell was caused sometime after the inspection. The only person who has ever rented this property is the former owner (with the cat noted on his lease). That should prove that the damage to flooring could have only been caused by him. Meaning once he leaves the property I can inspect it with someone from the HOA who can sign a statement regarding the urine smell in the floor. Do you guys think this in combination with the suggestion of having the floor company attest to the smell and saving a sample of the floor (videotaped) will be enough to have a judge easily rule in my favor?
Quote:
Originally Posted by AZ Manager
That's an expensive laminate if your corner is costing that much. You can piece out laminate flooring easily even when glued down. Find a good contractor to do the work.
As for proof pictures. Pee will stain and the particle board will swell and warp. Also the flooring contractor or cleaning company can note the smell on their invoices.
I'm just assuming the worst case scenario of having to replace the entire living room/kitchen laminate. The laminate floor itself is over 10 years old. So I'm not sure if a contractor can find an equivalent replacement that will look aesthetically pleasing if only part of the floor is replaced. Therefore, the estimate I noted above was for the whole floor (approx. 600 sq ft.) If I can get away with replacing only part of the floor I will be happy to do so.
If it goes as far as court, the fact that the floor is that old could work against you, as it could be claimed that the floor is near the end of its useful life.
At least, I have heard of judgments rendered significantly lower than replacement cost because of that factor.
Obviously if there was such a strong stench in the property at the time of purchase, it would have been noted in the inspection.
Are you saying you never visited the property or attended the inspection? Why not?
A home inspection likely would not mention pet odor at all. They are there to confirm the house is structurally sound and all parts are working correctly. They are not there to make comments on anything aesthetic, and a pet smell would classify as this.
When they install my Flooring last year I was Told Life was 10 years! Yours is Past that, So you looking at replacing it on your Dime...cost of doing business. Now my Carpets have a 5 yr life span.
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