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No it is not for *Legal Advice*, random strangers on a public forum can only provide an uninformed guess.
Any and all legal issues regarding renting and leases will have to be addressed by an attorney who has knowledge and experience with that type of situation.
Yeah I think that was already acknowledged up thread.
Did you pay a pet fee or a pet deposit? If you paid a refundable pet deposit, I can actually understand the Landlord using your pet deposit to apply toward sanitizing the home. If you paid a non-refundable pet fee, that is just what the LL should be using for such matters. However, your regular security deposit should not be applied for HVAC cleaning if you left the house in great condition. Can you go to your State's rental guidelines (perhaps thru the Attorney General website) to look at ways to dispute this fee?
If I were you I would begin to establish your paper trail of demand for your deposit and sue him for it if he charges you for duct cleaning, the expense should be on the incoming tenant if they want it to be that clean.
Did you pay a pet fee or a pet deposit? If you paid a refundable pet deposit, I can actually understand the Landlord using your pet deposit to apply toward sanitizing the home. If you paid a non-refundable pet fee, that is just what the LL should be using for such matters. However, your regular security deposit should not be applied for HVAC cleaning if you left the house in great condition. Can you go to your State's rental guidelines (perhaps thru the Attorney General website) to look at ways to dispute this fee?
the security deposit can be used for anything, including pets/HVAC.
Did you pay a pet fee or a pet deposit? If you paid a refundable pet deposit, I can actually understand the Landlord using your pet deposit to apply toward sanitizing the home. If you paid a non-refundable pet fee, that is just what the LL should be using for such matters. However, your regular security deposit should not be applied for HVAC cleaning if you left the house in great condition. Can you go to your State's rental guidelines (perhaps thru the Attorney General website) to look at ways to dispute this fee?
This was from my regular security deposit. And he stated in text "But overall the house was left in good con
dition.and I appreciate that."
the security deposit can be used for anything, including pets/HVAC.
Well, sure it can be used for that however, my opinion is that it should not be used for the OP's situation. That is going above and beyond normal cleaning. More like sanitizing or hospital clean. The LL should never have allowed pets at all if this is how anal they are going to be. I can understand if there was damage from the cat peeing and soaking/staining the carpet or soaking through to subfloor but not to the extent of what this LL is doing.
And besides, the new tenant should have taken extra precautionary measures to make sure they rented an apt that was pet-free. If someone has issues that serious they should be adamant and proactive about making sure they find a pet-free (or at least cat-free) apt.
OP, (my opinion only), I would fight this if I were you. You could definitely fight it on your own without an attorney. First of all, you stated he hasn't even returned your deposit so look up your state's security deposit deadline for return. If he is beyond that deadline then I would send a simple demand letter giving him 10 days to return your full deposit because he has exceeded the deadline or you will see him in court. Send it certified/return receipt required. If he doesn't respond or does not send your deposit back (or at least an itemized list of damages) then I would sue him in court.
However, If he does send an itemized list with the damages for the extra cleaning of HVAC, etc to completely remove the cat smell, cleaning the ducts, etc., then I would send another demand letter stating you disagree with the deductions and why you disagree, and give him another 10 days to return your full deposit (or whatever the amount is for the extra duct cleaning, etc if there are other legitimate deductions) or you will sue him in court for the full deposit (or less the deductions you do legitimately owe).
Following the first option, or both if necessary, in the order listed should work. This is by no means legal advice, it is just would I would do if I were in this situation. But also make sure to read your state's security laws inside and out.
Last edited by Corn-fused; 06-06-2016 at 08:04 PM..
Well, sure it can be used for that however, my opinion is that it should not be used for the OP's situation. That is going above and beyond normal cleaning. More like sanitizing or hospital clean. The LL should never have allowed pets at all if this is how anal they are going to be. I can understand if there was damage from the cat peeing and soaking/staining the carpet or soaking through to subfloor but not to the extent of what this LL is doing.
And besides, the new tenant should have taken extra precautionary measures to make sure they rented an apt that was pet-free. If someone has issues that serious they should be adamant and proactive about making sure they find a pet-free (or at least cat-free) apt.
OP, (my opinion only), I would fight this if I were you. You could definitely fight it on your own without an attorney. First of all, you stated he hasn't even returned your deposit so look up your state's security deposit deadline for return. If he is beyond that deadline then I would send a simple demand letter giving him 10 days to return your full deposit because he has exceeded the deadline or you will see him in court. Send it certified/return receipt required. If he doesn't respond or does not send your deposit back (or at least an itemized list of damages) then I would sue him in court.
However, If he does send an itemized list with the damages for the extra cleaning of HVAC, etc to completely remove the cat smell, cleaning the ducts, etc., then I would send another demand letter stating you disagree with the deductions and why you disagree, and give him another 10 days to return your full deposit (or whatever the amount is for the extra duct cleaning, etc if there are other legitimate deductions) or you will sue him in court for the full deposit (or less the deductions you do legitimately owe).
Following the first option, or both if necessary, in the order listed should work. This is by no means legal advice, it is just would I would do if I were in this situation. But also make sure to read your state's security laws inside and out.
Thanks Corn-fused. That's all I was looking for was input like this. Not iron clad legal advice. I appreciate it.
In my opinion, you are not responsible for the next tenant's allergies. You are, however, responsible for cleaning up after your pet and if your cat left hair and dander in the ductwork and the ductwork was clean before you moved the cat in, then you can be charged with cleaning the duct work.
It would help your case if you have all the receipts showing you replaced the furnace filters every 30 days without fail like you should to keep the air going through the ducts as clean as possible.
I betting you check you State & Local LL & Tenant Laws .... Since the LL Failed to get the Deposit &/or Notify you .... Till you brought it up 6 Days Past the date You Win by default Full Deposit. So Check with Lawyers in your area... ASAP Proper Notification is Register Letter from the PO NOT E-mail or Text. [But don't delete them]
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