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Yes, he can file a civil suit against you. Whether he can win or not isn't something that anyone here can answer. But keep in mind that civil suits require a "preponderance of evidence", which roughly means "more likely than not".
Thanks for any input. Can he sue me for lost rent if I don't comply and replace the carpet?
Sue for lost rent? What I am about to give you is not legal advice, I am not a lawyer and never dated, married or slept with one. I am just passing on some friendly advice; you have nothing to worry about. Worst case scenario is that the land lord will keep the full deposit, and then send you a bill if there is a difference.
I wouldn't worry about being sued. It is more then likely just a threat to get you to shell out your own time and money to do something that the land lord should take care of him/her/it self when you move out. TENANTS DO HAVE RIGHTS!
Thanks for the responses. I would like to add that the landlord sited this in his email to me "[SIZE=2]" all pets must be kept in a kennel.........[/SIZE][SIZE=2].all problems must be resolved to landlord satisfaction without any exception within 3 days to , otherwise it is agreed by the tenant that failure to do so will be treated as default under section 13.25....."
But even with this, I find it very unreasonable that he wants me to fix the carpet NOW.
Also, Is it against the law for the manager to enter my apartment without telling me? After I moved in, I noted a some areas in the apartment that needed to be fixed, but i also said, I didn't really want them to be fixed, i just wanted it to be noted. However, the had their maintainace ppl come in to the apartment and the muddied the carpet and left a warn out glove in the apartment. We had no idea about this and were concerned that somebody had broken in to the apartment. During this time, they discovered the dog outside the kennel. We honestly forgot to put the dog inthe kennel that day, however, the dog has been in the kennel ever since. The dog has been blocked off inside the kitchen vinyl floor at all times, the maintanance ppl moved some of the stuff and the dog followed the maintaince ppl and supposedly urinated on the carpet according to the maintainance ppl.
Here are my questions:
Can the landlord sue me for lost rent in the future when I move out and end my lease (when it is supposed to end)?
Is there a law/tenant rights the would allow me not to have to replace my carpet now?
I will be taken to court if I do not comply.
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Did'nt they violate the lease by coming into my apartment w/o proper notice of 24 hours?
You need documented proof, and if thats a complaint against your landlord, its really not pertinent to the issue at hand, is it?
Get everything in writing. Period.
As K-Luv has said multiple times, its possible to sue you, but unlikely that he will win. Depending on the state, you have a lot more power in the courts than the landlord, because the courts tend to feel that its easier for landlords to take advantage of tenants, and thus they tend to side with tenants. Also, if he's the plaintiff then he has to prove that you have to do it now.
Put it in writing, contact a tenant's advocacy group or a lawyer for a free consultation. We aren't lawyers here. A lot of the people here have been landlords and/or renters, so we can give perspective and advice on what we feel is right/wrong, but we don't know everything about every state.
I would at least have the carpets proffesionally cleaned when you move out...but not replaced!
Professionally cleaning the carpet does not remove dog urine, you can clean and clean, but it will still be there. A professional cleaner once told me that dog's urine is like glue, you will never remove it, the only recourse is to replace the carpet.
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