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I am renting a house that allows pets. I put down a $500 security deposit for my two pets. Now the landlord is saying that there cannot be ANY pet odours in the rented house. He says this clause is in the rental agreement. Can he restrict ANY pet odours in a pet-friendly rented house? Or can he just restrict "excessive pet odours"? I can understand EXCESSIVE pet odours or pet odours that will be left behind my rented tenure, but can he restrict ANY pet odours given that he is legally allowing me to have two cats and I paid a $500 security deposit to him?
He has already started to inquire about my renter's insurance coverage for pets, and I have just been in the rented house for 2 weeks. He seems to be counting on the fact that damages from these cat odors will exceed the $2700 in security deposit, and I have only been moved into this new rental for 2 weeks.
In addition, some of the current housing materials--carpeting and linoleum--is worn and has some cracks and stains on it already. (He did not provide new carpeting or linoleum when I moved in.) If he did replace these items due to the "pet odour" can he replace them with brand-new carpeting and brand new linoleum which would be worth much more than the current older carpeting and older linoleum or does he have to limit his replacement charges to the value of the actual carpeting and linoleum that was damaged?
Of course the owner can add such restrictions. if you are not satisfied, you shouldn't have signed the agreement. More than likely, it is to protect the home and the contents. If the owner felt that the flooring has to be replaced due to pet odors/damage, it won't be cheap to do so.
I am renting a house that allows pets. I put down a $500 security deposit for my two pets. Now the landlord is saying that there cannot be ANY pet odours in the rented house. He says this clause is in the rental agreement. Can he restrict ANY pet odours in a pet-friendly rented house? Or can he just restrict "excessive pet odours"? I can understand EXCESSIVE pet odours or pet odours that will be left behind my rented tenure, but can he restrict ANY pet odours given that he is legally allowing me to have two cats and I paid a $500 security deposit to him?
He has already started to inquire about my renter's insurance coverage for pets, and I have just been in the rented house for 2 weeks. He seems to be counting on the fact that damages from these cat odors will exceed the $2700 in security deposit, and I have only been moved into this new rental for 2 weeks.
In addition, some of the current housing materials--carpeting and linoleum--is worn and has some cracks and stains on it already. (He did not provide new carpeting or linoleum when I moved in.) If he did replace these items due to the "pet odour" can he replace them with brand-new carpeting and brand new linoleum which would be worth much more than the current older carpeting and older linoleum or does he have to limit his replacement charges to the value of the actual carpeting and linoleum that was damaged?
??? "He says this clause is in the rental agreement."
Well, is it in the rental agreement? Surely, you have a signed copy of the agreement for your personal records, right?
If it is in the agreement, and you signed it, you may have helped create an issue. And, it is an extremely subjective area, IMO. Some people are much more sensitive to odor than others.
How do you measure odor to prove there is none?
How do you measure to assure an odor is not "excessive?"
??? "He says this clause is in the rental agreement."
Well, is it in the rental agreement? Surely, you have a signed copy of the agreement for your personal records, right?
If it is in the agreement, and you signed it, you may have helped create an issue. And, it is an extremely subjective area, IMO. Some people are much more sensitive to odor than others.
How do you measure odor to prove there is none?
How do you measure to assure an odor is not "excessive?"
I agree. And what is a 'pet odor'? if it's worded as you indicate, it sounds like it could apply all the time, not just when you move out as related to the property's furnishings. While perhaps not his intent, you need to assume it's as written, not what you think he thinks or what you think is reasonable.
For example, even pet FOOD could be considered a pet odor and throughout the tenancy it is impossible to create no 'pet odors' in the unit. So if everything you do is not permitted by the contract, then he can selectively enforce as he likes, for example, if he has a dispute over something else, he can flex his muscles on this.
What I'm saying is that the wording/approach to this issue seems very loose and loose language can lead to issues on both sides. And an attorney may be needed to review if you have concerns over the legality of this and your options to respond to it as there may be local laws regarding these kinds of things, in addition to interpretation of the wording. Nobody here can give you the specific legal advice that you may need.
Hopefully you took many pictures before you moved in so you can show any judge the condition of the carpet and flooring prior to your pets. You are allowed normal wear and tear. You are not allowed to destroy someone's property. Where do you fit between those extremes?
Most people with pet odor can't smell it themselves because you're used to it. You need to get an objective nose to tell you if it smells. If it does, do something.
Most people with pet odor can't smell it themselves because you're used to it. You need to get an objective nose to tell you if it smells.
Agreed lol - we just sold our home and have 3 indoor cats. Prior to listing, I had multiple people in doing repairs, inspections, etc., and I asked every single one if they smelled any cat odors. Every single one of them said, "You have cats??" That was the right answer Of course, I clean my litter boxes twice a day every day and my cats do not have any issues with elimination outside the boxes.
Just to make another point, you may run into problems with the landlord on that wording which i (as a layman) interpret as a prohibition on all pet smells all the time (not just when you move out). One could just think that he would never enforce it while you are living there and only care about it when you move. However, if he needs to show the unit while you are still living there (i.e. toward the end of your lease if you're moving out), he might raise a fuss about the smell and point to that clause. If he's going to be concerned about pet smells, it's likely that when he's trying to lease the place is the time he'll be most particular about it. This might cause big problems for you as you're still living there and he might, for example, force you to remove your pets based on the fact that they always will be a pet smell as long as they are there.
Just speculating as to other potential issues.
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Of course, I clean my litter boxes twice a day every day and my cats do not have any issues with elimination outside the boxes.
