Landlord charging $2000 to replace floor due to incense smell (rentals, loan)

[clongirl]

Originally Posted by v_agnel

Nmnita - I most definitely didn't intend to use any sort of statement about discrimation to deal with this case. I most certainly don't mean to offend anyone either. Being Asian myself, I was just making an observation of what was listed in the lease and wondering if it felt discriminatory to others in this forum. As I mentioned in my earlier post, I do know that I signed the lease, and made an error of burning incense. I am prepared to pay but I just felt that I could have done something to resolve this if I was told about this issue during the Pre-inspection

Small claims court---doesn't matter if it was in the "lease". I honestly can't imagine how incense could have/would have stayed in the flooring...My step mom is a Buddhist and the only time you can smell incense is when it's actually being burned. These landlords/property managers are trying to *********- plain and simple. What they have done/are doing isn't legal. I'm telling you---don't pay them- take them to small claims court. Don't make a big deal about it...really. It's absolutely ridiculous to say that incense is a cause for not getting your deposit...Don't let these people get away with it.

Take my advice as a landlord, or pay. 2k for new hardwood floors---I gotta just shake my head at this one. Really shady and dishonest and judges do see through this sort of thing! I'm sure the last tenant fell for the same thing...garlic, nam pla, paint----whatever...ridiculous.

[felinius]

Originally Posted by clongirl

My step mom is a Buddhist and the only time you can smell incense is when it's actually being burned. These landlords/property managers are trying to *********- plain and simple. What they have done/are doing isn't legal.

While it can be a stretch, smoke can stay in the walls and in the floor. Trying to get smoke smells out is a PITA, and not fun to deal with if you're not the one who made the smoke to begin with.

[BayAreaHillbilly]

Originally Posted by clongirl

Small claims court---doesn't matter if it was in the "lease". I honestly can't imagine how incense could have/would have stayed in the flooring...My step mom is a Buddhist and the only time you can smell incense is when it's actually being burned. These landlords/property managers are trying to *********- plain and simple. What they have done/are doing isn't legal. I'm telling you---don't pay them- take them to small claims court. Don't make a big deal about it...really. It's absolutely ridiculous to say that incense is a cause for not getting your deposit...Don't let these people get away with it.

Take my advice as a landlord, or pay. 2k for new hardwood floors---I gotta just shake my head at this one. Really shady and dishonest and judges do see through this sort of thing! I'm sure the last tenant fell for the same thing...garlic, nam pla, paint----whatever...ridiculous.

Nam pla ... LOL!

[Heidi60]

If you use a lot of curry in your cooking it is very difficult to remove the odor from the walls, which require repainting. Maybe the correct odor hasn't been identified by the landlord.

[BayAreaHillbilly]

Originally Posted by v_agnel

Being Asian myself, I was just making an observation of what was listed in the lease and wondering if it felt discriminatory to others in this forum.

It does not only feel discriminatory it IS discriminatory.

For all intents and purposes the lease might as well read:

"If you are Chinese and practice Daoism or Buddhism within the unit, any less than X months prior to moving out, and we can even detect a hint of your incense, we will fine you and use the excuse we are replacing the floor. If you are Indian, Pakistani, Thai, Indonesian, Malaysian, Laotian, Burmese, Bangladeshi or Sri Lankan, (or Scottish) and cook curries, and we can detect that scent in the kitchen curtains, we will similarly fine you."

[johnrex62]

The lease terms spell out the damages and liabilies if an event occurs. Those events must occur before the terms take effect. If the incense odor has not permeanted to the floor to a sufficient level as to trigger the need for replacement, then the clause does not have any teeth.

Since you had a pre-termination walk-through and the odors were not evident during the walk-through, it is on the claimant to prove the odors were in fact present and something interfered with their detection. Absent the ability to prove the odor was present despite the lack of detection during the inspection the claim should be easy to defend in court.

I would certainly take my shot in small claims for such a large sum.

[v_agnel]

Originally Posted by Heidi60

If you use a lot of curry in your cooking it is very difficult to remove the odor from the walls, which require repainting. Maybe the correct odor hasn't been identified by the landlord.

They have already re-painted the walls and shampooed the carpet, but told me that neither of these eliminated the smell. Hence the need to replace the flooring. Oh, and the charge for both of these items were taken out of my deposit.

[BayAreaHillbilly]

Originally Posted by v_agnel

They have already re-painted the walls and shampooed the carpet, but told me that neither of these eliminated the smell. Hence the need to replace the flooring. Oh, and the charge for both of these items were taken out of my deposit.

Ask for a re-inspection with you as well as a Notary Public being present.

[wooliemonster]

I don't care for incense (oh, the memories of Sunday mass), but my wife's delicious cooking requires the use of potent ingredients. I wonder how they documented the smell. Did they analyze the aromatic compounds in the air? A core sample of the floor? Maybe an incense detecting dog? I can only imagine.

[MikeNigh]

And what happens if the floor replacement doesn't take out the smell? They charge you for tearing down the building and replacing it?