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Excessive Charge for Carpet Replacement Over Alleged Pet Odor

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  • 08-27-2015, 10:19 AM
    gail in georgia
    Re: Excessive Charge for Carpet Replacement Over Alleged Pet Odor
    I've had cats all my adult life too.

    What I was attempting to point out is that if the pets the OP had were cats and urinated on the carpet (neutered/spayed or not), the odor would remain in the carpet and the padding (and if used more than once often into the floor) and at least the carpet and padding would need to be replaced (although I can the landlord attempting a steam cleaning again first). In some cases the floors need to be resealed or (worse case scenario) sections cut out and replaced.

    Gail
  • 08-28-2015, 12:30 PM
    Kalian
    Re: Excessive Charge for Carpet Replacement Over Alleged Pet Odor
    Quote:

    Quoting gail in georgia
    View Post
    1. How do you know the carpet was 10 years old?

    2. What type of pets did you have?

    3. Keep in mind that folks with pets often become immune to their pets odors. And steam cleaning a carpet and doing a walk through the next day will often NOT pick up odors that remain in carpet pads/floors/subfloors at that time. It is only later that any remaining odors will become obvious. In some cases the carpet, padding, floors and subfloors have to be replaced to remove the offending odors.

    Gail

    Hi Gail.

    I think I should highlight that we have 2 Chihuahuas. My brother has a retriever mix. No Cats.

    1. The house was built in 2003. The landlord purchased the house in September 2013. And rented it to me in October 2013. At the time he had purchased the home blindly (he lived in California at the time) to rent out. The carpet had a large stain at the entrance of the home that looked like that part of the carpet was used as a doormat by the previous owners of the home when we moved in. That stain remained there until we steam cleaned the house when we moved out. The carpet is the same cheap neutral beige/gray carpet that the builders out here tend to use.

    2. We have 2 Chihuahua mixes that spend the majority of their time in their crate (willingly might I add) and a house trained retriever. I am very familiar with Pet Odors. When we moved out, we had actually purchased a home where the previous owners had a cat and a hound. Needless to say the whole house smelled like cat piss mixed with wet dog. In fact the cat pee smell faintly exists in 2 of our rooms which we treated with steam and vinegar.

    Though our Chihuahuas are crate trained, and retriever is home trained, I would be lying if I said they never had accidents; although when they did we took care of them on the spot with spray cleaners.

    3. I understand that smells can linger; which is why I can understand the charge for the second steam cleaning. But it's the carpet charge that really gets me. He charged me 100% of the cost to replace old carpet downstairs.
  • 08-28-2015, 01:34 PM
    Mr. Knowitall
    Re: Excessive Charge for Carpet Replacement Over Alleged Pet Odor
    He's entitled to the depreciated value of the carpet and pad. If he doesn't accept that fact and reduce what he charges, it looks like you'll be heading to small claims court.
  • 08-28-2015, 01:39 PM
    Kalian
    Re: Excessive Charge for Carpet Replacement Over Alleged Pet Odor
    Quote:

    Quoting adjusterjack
    View Post
    If you cash the check it'll mean you have accepted a settlement and there won't be any court because settlements are enforceable.

    If you want to take him to court, send the check back and sue him.



    There's two possibilities:

    1 - Read the TX security deposit statute starting with 92.102 at:

    http://law.justia.com/codes/texas/20...-8/chapter-92/

    If he hasn't followed the statute TO THE LETTER then you could be entitled to the entire security deposit back.

    2 - He would only be entitled to the depreciated value of the carpet. If it really was 10 years old, he'd maybe be awarded only a couple of hundred towards it.

    Hi,

    Thank you so much for posting that link. For some reason I always believed Texas laws favored Landlords. I spent the better part of an hour reading through the security deposit section.

    here is what I found relevant to my case. Do I just show this to the judge and say hey he violated these 2 laws?

    Sec. 92.103. OBLIGATION TO REFUND. (a) Except as provided by Section 92.107, the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises.

    Sec. 92.109. LIABILITY OF LANDLORD.
    (a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit.
    (b) A landlord who in bad faith does not provide a written description and itemized list of damages and charges in violation of this subchapter:
    (1) forfeits the right to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises; and
    (2) is liable for the tenant's reasonable attorney's fees in a suit to recover the deposit.
    (c) In an action brought by a tenant under this subchapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable.
    (d) A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after the date the tenant surrenders possession is presumed to have acted in bad faith.

    I really do not want to sue. I just want my security deposit back minus the steam cleaning. But apparently if I go to court and he loses, he'd be liable for much more.

    I've also done some research on carpet depreciation and apparently the IRS values its depreciation at 10%-20% a year; and that carpet was WAY beyond its useful life.

    I had a gut feeling that he was in the wrong. Had he given me a chance to remedy the situation, or at least smell the odor and see the problem myself I wouldn't have been so upset.

    I will send his check back along with a demand letter for my security deposit minus steam cleaning that will include a list of grievances even if I am legally entitled to the full amount.

    Hopefully he is reasonable. If not i'll file a claim in court.

    Thank you Jack, and everybody else for your help and input.
  • 08-28-2015, 01:43 PM
    llworking
    Re: Excessive Charge for Carpet Replacement Over Alleged Pet Odor
    Quote:

    Quoting Kalian
    View Post
    Hi,

    Thank you so much for posting that link. For some reason I always believed Texas laws favored Landlords. I spent the better part of an hour reading through the security deposit section.

    here is what I found relevant to my case. Do I just show this to the judge and say hey he violated these 2 laws?

    Sec. 92.103. OBLIGATION TO REFUND. (a) Except as provided by Section 92.107, the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises.

    Sec. 92.109. LIABILITY OF LANDLORD.
    (a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit.
    (b) A landlord who in bad faith does not provide a written description and itemized list of damages and charges in violation of this subchapter:
    (1) forfeits the right to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises; and
    (2) is liable for the tenant's reasonable attorney's fees in a suit to recover the deposit.
    (c) In an action brought by a tenant under this subchapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable.
    (d) A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after the date the tenant surrenders possession is presumed to have acted in bad faith.

    I really do not want to sue. I just want my security deposit back minus the steam cleaning. But apparently if I go to court and he loses, he'd be liable for much more.

    I've also done some research on carpet depreciation and apparently the IRS values its depreciation at 10%-20% a year; and that carpet was WAY beyond its useful life.

    I had a gut feeling that he was in the wrong. Had he given me a chance to remedy the situation, or at least smell the odor and see the problem myself I wouldn't have been so upset.

    I will send his check back along with a demand letter for my security deposit minus steam cleaning that will include a list of grievances even if I am legally entitled to the full amount.

    Hopefully he is reasonable. If not i'll file a claim in court.

    Thank you Jack, and everybody else for your help and input.

    DO NOT send the check back. Keep it as evidence for court.
  • 08-28-2015, 01:50 PM
    Kalian
    Re: Excessive Charge for Carpet Replacement Over Alleged Pet Odor
    Quote:

    Quoting Mr. Knowitall
    View Post
    He's entitled to the depreciated value of the carpet and pad. If he doesn't accept that fact and reduce what he charges, it looks like you'll be heading to small claims court.

    I know. I really do not like to go to court for anything.

    Hopefully, he can reasonably admit he's in the wrong.

    - - - Updated - - -

    Quote:

    Quoting llworking
    View Post
    DO NOT send the check back. Keep it as evidence for court.

    Duly Noted!

    Thank you!
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