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  1. #1
    Join Date
    Apr 2017
    Posts
    1

    Default Emotional Support Animans and Normal Wear and Tear

    My question involves landlord-tenant law in the State of: Delaware

    Hi there!
    I currently live in a duplex in Delaware. I have an emotional support animal with documentation who lives with me. We are getting ready to move out and I'm just a little unclear about the law with normal wear and tear and ESA's.
    My dog is fully house trained. She has never had an accident on the floor and has done no damage at all to the house.
    My landlord says I need to get the carpets cleaned if there are pets (ESA's under the law are not considered pets correct?) for any potential new tenants with allergies.

    My question is, do I have to get the carpets cleaned or is it just considered normal wear and tear?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Esa and Normal Wear and Tear

    Let's put it this way. You should get the carpet's cleaned if you have an ANIMAL. Substitute ANIMAL for anywhere she says pets.

    You living there is normal wear and tear. Leaving the place dirty is NOT wear and tear. You're expected to leave it clean. Having the carpets cleaned when an animal has been living on them is not unreasonable.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Esa and Normal Wear and Tear

    Quote Quoting Samtitus
    View Post
    (ESA's under the law are not considered pets correct?)

    An ESA is "allowed" to live there.

    You are still responsible for damage and cleaning.

    I suggest you hire a professional carpet cleaner, take photos of the results and keep your receipt.

    If you try to cut corners on that, the owner will just hire a professional carpet cleaner and charge you for it.

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Emotional Support Animans and Normal Wear and Tear

    Exactly what does your lease say about cleaning?

    Does it provide, for example, that you are to leave the unit in a condition as clean as when you moved in -- in which case the landlord is likely reasonable in taking the position that you are responsible to remove animal hair and dander even if from an ESA?

    Or does the lease provide that "tenants with pets must shampoo the carpets" (or something similar) without imposing any similar requirement on other tenants, which would support your position that the requirement does not apply to an ESA?

    Or is it silent on the issue of carpet cleaning/shampooing?

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