Considering small claims court for carpet replacement due to pet smell. (renter, townhouse)

[roxy2011]

I am a landlord of a townhouse and am debating legal action.

Summary of situation:

New carpet and paint of entire townhouse prior to tennant moving in.
Leased for 1 year
Renter never returned move in check list
Smell is dog
I was aware of the dog and noted on the lease.
After renter moved out I have had the carpet professionally cleaned twice
all floors and wall cleaned and yet the smell remains
Both the carpet contractor and professional cleaners state the smell is in the padding and no choice but to replace.

My question really comes down to is this considered standard ware and tear?
I cant rent it to anyone until the carpet is replaced its smells that bad.
The lease clearly states the renter is responsible anything above and beyond standard ware.

Now they are even asking for the deposit back.

[golfgal]

If you have to replace the carpet because of their dog, that is what the security deposit is for. In the future if you rent to people with pets, get a non-refundable security deposit to cover the cost of cleaning and carpet repair if necessary. I don't know that you can take them to small claims court if you ok'd the dog and only took however much in a security deposit unless it was written into the lease that they pay above and beyond for any damage.