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Hi, I have 1 dog and the landlord is complaining of urine even though it does not smell like urine, the apartment may smell like dog, but not urine. The thing is, the landlord wants me to replace the carpet now, 3 months before i move out, because "no future renters would want an apartment that smells like urine." Having them replace the carpeting now would be a huge time commitment and having to move around my furniture. Also, the apartment is still going to smell like dog if I replace the carpeting. They are also threatening to sue me for loss rent if the apartment doesn't get leased next year. My question is this: can they force us to replace the carpet now, b/c it would be smarter to replace it when I leave. Can they sue me for loss of rent? don't they have to prove that the renters didn't rent the apartment b/c of the smell in the legal system?
Please help, I have to respond to the landlord soon before he files suit.
The landlord accepted you as a renter with a dog so the smell is part of the risk they took.
Tell the landlord (in writing, put EVERYTHING in writing) that you understand his concerns but that you respectfully decline his request. Explain in your letter that your deposit is security against potential damages and that damages are assessed based on the condition in which you surrender the property at the conclusion of your lease.
If at the time you surrender the property, there are legitimate pet damages (including unreasonable odor), your landlord can remedy that damage using your deposit. He can't dictate that you replace carpet 3 month's before your lease ends. Also, if the carpet does in fact need to be replaced, you should only pay the depreciated value of the carpet, not 100% of the replacement value. For example, if the carpet is expected to last 5 years, and it's already 4 years old upon move-out, you should only pay 1/5 the value of a new carpet.
If this starts heading downhill, call your local Tenant's Association for help.
Steve, I have to say... I hate needing to spread more rep around. You and a lot others would have a lot more rep if I had anything to say about it.
At any rate, Steve is entirely correct.
In regards to lost rent, as far as I'm aware, once the lease is over, your obligation to the rent ceases. The only time I have heard of a landlord able to collect rent from a tenant is if they left during the middle of a lease, and the apartment stayed unoccupied.
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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The landlord accepted you as a renter with a dog so the smell is part of the risk they took.
Tell the landlord (in writing, put EVERYTHING in writing) that you understand his concerns but that you respectfully decline his request. Explain in your letter that your deposit is security against potential damages and that damages are assessed based on the condition in which you surrender the property at the conclusion of your lease.
If at the time you surrender the property, there are legitimate pet damages (including unreasonable odor), your landlord can remedy that damage using your deposit. He can't dictate that you replace carpet 3 month's before your lease ends. Also, if the carpet does in fact need to be replaced, you should only pay the depreciated value of the carpet, not 100% of the replacement value. For example, if the carpet is expected to last 5 years, and it's already 4 years old upon move-out, you should only pay 1/5 the value of a new carpet.
If this starts heading downhill, call your local Tenant's Association for help.
Steve
well said.
he knew about the pets when you moved in yes?
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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A landlord can take you to court for any reason they want to, it is up to a judge if they can actually sue you or not. So, to answer your question, yes, the landlord can, however it is very unlikely that the landlord will win. In fact, the only way the the land lord will win is if; it is written somewhere in the lease that you are responsible for the rent from the moment you vacate the premises up until the moment someone else moves in and takes over. Basically, if it is not in the lease, or unless s/he can prove that you agreed to such terms, then s/he is SOL.
I would contact a tenants advocacy group, or a lawyer (for a consultation or some legal advice which can either be free or expensive) regarding the carpet issue. To me it sounds completely unreasonable, but that email that was sent to you suggests that you agreed to such things when signing the lease. So I dunno.
Yes, it was a one time thing, He has been in the kennel ever since.
This might change things.
That seems a bit cruel and unusual. The local humane society might be interested in the land lords pet policy.
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