Being charged $1400 for "curry smell" by apartment at end of lease (Scottsdale: apartment complex, rental)

[CAjerseychick]

Originally Posted by BIG CATS

That's ridiculous. Im sorry. If something or someone stinks, regardless of race or food, they need to get out and/or pay for replacement furniture, carpet, etc, if they stink it up to high heaven.

what if you think curry is a delicious smell, or its a normal everyday smell?
Coming from SF a lot of the old apartments have a greasy smell, from years of cooking... its just a given ...

I have relatives that would throw up at the smell of a strong cheese, its smells disgusting to them (Im talking swiss cheese, not limburger)....

[LLCNYC]

Originally Posted by BIG CATS

That's ridiculous. Im sorry. If something or someone stinks, regardless of race or food, they need to get out and/or pay for replacement furniture, carpet, etc, if they stink it up to high heaven.

Yep.

OP, you made the smell so now you have to pay for removing the smell in the apt. Common sense.

[asufan]

Originally Posted by LLCNYC

Yep.

OP, you made the smell so now you have to pay for removing the smell in the apt. Common sense.

Again, ONLY if it states that in the contract

[jimj]

Originally Posted by asufan

Again, ONLY if it states that in the contract

A solid point! Contracts protect BOTH sides from the unknown, but one does have to read them prior to agreeing right?

[fluffythewondercat]

Originally Posted by asufan

Again, ONLY if it states that in the contract

That's what you say.

Can you cite the relevant AZ Landlord/Tenant law? I'm interested because I plan on becoming a landlord in AZ.

[JGMotorsport64]

Originally Posted by fluffythewondercat

that's what you say.

Can you cite the relevant az landlord/tenant law? I'm interested because i plan on becoming a landlord in az.

a.r.s. § 33-1321 (d) & (g)

d. upon termination of the tenancy, property or money held by the landlord as prepaid rent and security may be applied to the payment of all rent, and subject to a landlord's duty to mitigate, all charges as specified in the signed lease agreement, or as provided in this chapter, including the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with § 33-1341 Within fourteen days, excluding saturdays, sundays or other legal holidays, after termination of the tenancy and delivery of possession and demand by the tenant the landlord shall provide the tenant an itemized list of all deductions together with the amount due and payable to the tenant, if any. Unless other arrangements are made in writing by the tenant, the landlord shall mail the itemized list and any amount due, by first class mail, to the tenant's last known place of residence.

e. if the landlord fails to comply with subsection d of this section the tenant may recover the property and money due the tenant together with damages in an amount equal to twice the amount wrongfully withheld.

f. this section does not preclude the landlord or tenant from recovering other damages to which the landlord or tenant may be entitled under this chapter.

g. during the term of tenancy the landlord may use refundable security deposits or other refundable deposits in accordance with any applicable provisions of the property management agreement. At the end of tenancy, all refundable deposits shall be refunded to the tenant pursuant to this section.

The entire AZ T/LL Residential Act is found in Title 33, Chapter 10, of the Arizona Revised Statutes.

Withholding for odors unrelated to cigarettes isn't a common occurrence. Espcially in the amount of 1400. The Act provides for instances of allowable withholding under 33-1341, none of which include offensive odors. LL also has a duty to mitigate damages, i.e. find the cheapest means to accomplish the goal of remediation.


***This is not and will never be any form of legal advice. The Revised Statutes are a matter of easily locatable public records.

[nebulanut]

Originally Posted by Arizona89A

Who is the management company? I know and have dealt with every single one in town and the silly games that they play. They, even use Computer Programs to calculate rents, because they don't have enough intelligence to figure it out on their own.

Send me a private message if you prefer.

No it is not legal since you cook with it, and that is just general wear and tear on the apartment. In other words, it would be no different than any odors left behind from a pet.

If you are Indian then they are also discriminating against you since curry is essential to your cuisine which is from your heritage.

As for removing odors, curry will go away quickly with windows open and carpets cleaned, and repainting. I've spent a lot of time in motels in Carlsbad and Monterey, Ca. When the Indians are not cooking, I don't smell it at the front desk. When they are cooking, it smells good.

I am very sorry about this. Scottsdale is not friendly to diversity. I can look up the management company and see what their lease states if you would like.

I have to disagree with the statement that you made about Scottsdale not being friendly to diversity. I've lived in Scottsdale for over 15 years. I've also lived in North Phoenix and Ahwatukee. Scottsdale is a city like any other, with pockets having more diversity than others. It's a beautiful, clean city with friendly residents. Like any other city you'll have unfriendly people from time to time. It's up to you to react in a way that encourages such behavior or in a way that is friendly and welcoming. I tire of people assuming that "Snottsdale" is a bad place to live.

[asufan]

Originally Posted by fluffythewondercat

That's what you say.

Can you cite the relevant AZ Landlord/Tenant law? I'm interested because I plan on becoming a landlord in AZ.

I am a landlord and I do not recall anything about odors being in the standard contract, but it's possible

[BOS2IAD]

Originally Posted by CAjerseychick

what if you think curry is a delicious smell, or its a normal everyday smell?
[Coming from SF a lot of the old apartments have a greasy smell, from years of cooking... its just a given ...

I have relatives that would throw up at the smell of a strong cheese, its smells disgusting to them (Im talking swiss cheese, not limburger)....

Per the bolded --- In the past, I've lived in old pre-war apartment buildings in Boston. They tended to have a smell that I just assumed had to do with them being old. Then, later on I learned this: (See #3 in the link below):

5 Sure Signs of a Cockroach Infestation - Pests Off

It could well have been what you were smelling

[locolobo13]

Cooking with spices whatever your culture is a reasonable use of an apt. If I can't cook with curry then there's no point in my renting your apt. That sounds to me like sleazy mgt. I don't think they can win a case in court.


To me that's not the problem. The problem is they will mess with your credit rating. I don't have a good answer for that. The last apt I lived in charged me a bogus cleaning fee around $40. The place was cleaner when I left than when I moved in. Way cleaner. I refused to pay and it went on my credit rating.


Over the years I've lived in 6 different apartments. I've been happy with 3 of them.