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06-03-2008, 08:20 PM
| | Junior Member | | Join Date: Jun 2008
Posts: 4
| | | Tenant refused to clean carpet
What is the name of your state? Massachusetts
Our commercial tenant, a massage therapist, tenant at will, gave proper notice to vacate. We sent her a letter letting her know the inital walk through inspection revealed a lot of vegetable oil in the carpet. The carpet was brand new when she moved in 1 and a half years ago. She is responsible for cleaning or replacing it.
She agreed to have it cleaned and asked if she could come back the day after she moved out with a professional steam cleaner to do it. We agreed. She didn't show and now, just two days later, her mother was in the building and let us know that the former tenant (her daughter) isn't going to clean it. The cousin, the lawyer, told her that since she was a tenant at will that we, the landlords are responsible for repairing her damages know matter what she agreed to do.
The carpet will have to be replaced. The professional we called said that almond oil in the carpet for two years won't clean out. The carpet is ruined.
So do we send her a straight demand letter for the cost of the replacement less 2 years depreciation then head to small claims in 30 days? It's only 200 sq feet of carpet, but now its the principle of the thing.  |
06-03-2008, 08:24 PM
| | Senior Member | | Join Date: Sep 2006 Location: Missouri Ozarks
Posts: 2,680
| | | Security deposit? |
06-03-2008, 08:29 PM
| | Junior Member | | Join Date: Jun 2008
Posts: 4
| | Quote:
Originally Posted by Ozark_Sophist  Security deposit? | Unfortunately, our partner didn't get one when the tenant moved in. I understand she just wanted to try it for 3 months and just remained a tenant at will for the next 1.5 years. |
06-03-2008, 09:06 PM
| | Senior Member | | Join Date: Apr 2002 Location: snowland
Posts: 5,818
| | | Gather up your proofs when all is done regarding replacement carpet and repair of other damages and sue her in small claims court (of course you will likely have to depreciate the carpet ) BUT still go after her in court. |
06-03-2008, 09:55 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 11,016
| | Send her a bill first. You never know, she might pay. You can cite applicable state law in the letter. You can even pay a lawyer $50-100 to write it for you and make it sound threatening  |
06-04-2008, 12:44 AM
| | Senior Member | | Join Date: Feb 2007
Posts: 2,500
| | | Pay no attention to the cousin lawyer. He is trying to con you.
__________________
In California, 50 women protested the impending war with Iraq by lying on the ground naked and spelling out the word peace. Right idea, wrong president. - Jay Leno, comparing Clinton to Bush
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06-04-2008, 08:59 AM
| | Senior Member | | Join Date: Oct 2005 Location: Ohio (southwest)
Posts: 2,250
| | | If possible, cut out and save a piece of the ruined carpet stained with oil and get a statement from the carpet cleaners saying the oil could not be removed. |
06-14-2008, 12:30 PM
| | Junior Member | | Join Date: Jun 2008
Posts: 4
| | | We sent the former tenant a letter of notice to collect damages. Then we sent a 30 day demand letter including the itemized replacement cost, less depreciation according to the insurance book along with pictures of the stained carpet. We saved three sections of the carpet, two large stained areas and one that wasn't.
She finally returned her keys today and I asked her when we could expect her check. She said we would be hearing from her lawyer. I just said thanks for letting us know. So on the 6th of July, I'll file in small claims.
Anything else you think we should know? |
06-14-2008, 01:43 PM
| | Senior Member | | Join Date: Feb 2007
Posts: 2,500
| | | If she does contact an attorney be prepared for intimidating notices. Pay no attention and do not communicate with him directly. Get your own and and file a counter suit for attorney fees and any additional damages you have found.
__________________
In California, 50 women protested the impending war with Iraq by lying on the ground naked and spelling out the word peace. Right idea, wrong president. - Jay Leno, comparing Clinton to Bush
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06-14-2008, 03:11 PM
| | Senior Member | | Join Date: May 2001 Location: Central VA
Posts: 2,341
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clean it * send her the bill w/10 days to pay * if she does not pay, sue in Small Claims Court
__________________
CPM * 40 years of property management experience
Age and experience ALWAYS trumps youth and enthusiasm
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