NC law and court judgements on tenants' pet causing massive carpet/pad damage? (Charlotte: apartment, renters) - North Carolina - Page 2 - City-Data Forum

Floorist · 12-30-2011, 07:36 PM

The 5-7 also comes from CRI (the Carpet and Rug Institute). Their statistics show that the average consumer changes their carpet every 5-7 years.

RDUBiker · 01-03-2012, 08:22 AM

Ah, see now that's actual data. I didn't say the data wasn't valid, but simply asked for the source. Thank you. We'll see how it goes.

RDUBiker · 02-22-2012, 11:15 PM

As a follow up to this - I consulted with Brownlee law firm who said that all of my proposed charges, except $30 out of $3600-some-odd, but including the carpet replacement, were completely legitimate and likely to be awarded in small claims court, so I filed for a court date and I'll be going in on the 28th to plead my case. I'll report back again after I find out what the judge says.

NM posts · 02-23-2012, 07:39 AM

I don't get it though - isn't this sort of thing exactly what a pet deposit is for? I assume they paid a security deposit and a nonrefundable pet deposit, so, IMO they already paid you? If there were no pet deposit maybe I could see it, but...any pet deposit I've ever paid has been specifically for damages.

Oh wait, I just re-read your post and see the amount is $3600, beyond the pet deposit, probably. Well, then maybe. I once had this issue when my elderly dog became incontinent, it was awful. Did everything to clean the carpet but couldn't get the stain out. They didn't charge me because of the pet deposit anyway (and because they were going to replace it anyway) but I didn't have any other damages.

RDUBiker · 02-23-2012, 08:06 AM

Quote:

Originally Posted by NorasMom

I don't get it though - isn't this sort of thing exactly what a pet deposit is for? I assume they paid a security deposit and a nonrefundable pet deposit, so, IMO they already paid you? If there were no pet deposit maybe I could see it, but...any pet deposit I've ever paid has been specifically for damages.

Oh wait, I just re-read your post and see the amount is $3600, beyond the pet deposit, probably. Well, then maybe. I once had this issue when my elderly dog became incontinent, it was awful. Did everything to clean the carpet but couldn't get the stain out. They didn't charge me because of the pet deposit anyway (and because they were going to replace it anyway) but I didn't have any other damages.

Yes, carpet damage of $1500+ is not really covered by a measly $250 pet deposit, is it? And surely it's not my fault that they were negligent and didn't clean up after their pet well enough. I had a pet in my house for over 8 years who lost his bowels and often his bladder every time it thundered outside, yet I still have the same carpet - primarily because I cleaned up after him quickly and don't let it soak in too long. They were negligent in many other ways, so it just seems like they don't know how to properly take care of a house.

NM posts · 02-23-2012, 09:37 AM

Quote:

Originally Posted by RDUBiker

Yes, carpet damage of $1500+ is not really covered by a measly $250 pet deposit, is it? And surely it's not my fault that they were negligent and didn't clean up after their pet well enough. I had a pet in my house for over 8 years who lost his bowels and often his bladder every time it thundered outside, yet I still have the same carpet - primarily because I cleaned up after him quickly and don't let it soak in too long. They were negligent in many other ways, so it just seems like they don't know how to properly take care of a house.

Oh no, not your fault - when it happened with me it was certainly my fault - much as I tried to prevent it from happening, it happened (poor doggie...had to put her down not long after). My mistake was trying to use several different products, grr. Should have stuck with one enzyme cleaner.

Anyway yeah it sounds like you have a case given the amount of the damage.

RDUBiker · 02-23-2012, 09:38 AM

Quote:

Originally Posted by NorasMom

Oh no, not your fault - when it happened with me it was certainly my fault - much as I tried to prevent it from happening, it happened (poor doggie...had to put her down not long after). My mistake was trying to use several different products, grr. Should have stuck with one enzyme cleaner.

Anyway yeah it sounds like you have a case given the amount of the damage.

Lawyer thinks so, too. I'll report back with findings in the hope that it helps both tenants and landlords alike.

RDUBiker · 02-29-2012, 07:55 AM

UPDATE:

Court screws me for the second time. After messing up my initial paperwork and having me come down in a rush to fix it so that we could keep the original 2/28 court date, and after specifically asking the clerk if it was even enough time to serve the defendants before the date (she claimed 3 calendar days was required by law), the defendant asked for a continuance for 60 days based on not having enough time to "prepare his documents and photos" whatever that means.

Judge states the law requires 5 business days, not 3 calendar days, so apparently either the judge or clerk is wrong, but either way the judge gave him another month to prepare.

So, now after losing roughly 6 hours of lost work time that I can't bill, plus gas and parking downtown, plus my contractor's time and gas to go to court with me, I have to go back again a third time to deal with this.

Native_Son · 03-01-2012, 04:24 PM

the whole story sucks. As a landlord myself, I am quite sympathetic.

Your question about carpet life is a reflection, from my experience, of the habits and cleanliness of the tenant. Dirty people make dirty houses.

All my rental houses, save one, have hardwood floors. At my carpeted house I will not allow smokers or pet owners, or people with questionable credit. I've found that waiting an extra month for the right tenant every couple years is a much easier option than replacing carpet. I too found out the hard way.

Good luck in court, I wouldn't hold my breath. At best, you may get a judgement for a small percentage of the cost. Collecting that judgement will likely be difficult.

RDUBiker · 04-18-2012, 10:29 AM

Follow up - I sued for around $2400, judge awarded me just shy of $2000. Remember, I had offered to settle with them for $1100 before going to court...

Of course now that I call and ask how he plans to settle the debt, all of a sudden his awesome job with plenty of overtime and a boss who told me he would work for him as long as the tenant wanted to work there says he 'lost his job' and is 'going to file bankruptcy.'

He then proceeded to yell at me over how unfair I'm being, taking advantage of him, and on and on. I told him we weren't going through it yet again and that we'd already been over it several times on our own and then again in front of the judge. So I guess it's on to the collection phase.