Pet fees

[carrieb]

I paid a $300 non-refundable pet fee when I moved into my apartment, and, in addition, I paid a monthly non-refundable pet fee of $20. Altogether, I have paid a total of $560 in non-refundable pet fees for the 13 months I lived there. The landlord charged me over $1000 for carpet replacement and reduced it by $300 (my renter's deposit). However, none of the pet fee money was put toward the carpet replacement, leaving me with over $700 in carpet to pay for. Can the landlord do this? The lease states that the pet fee is soley for the privilege of having a pet in the apartment. Am I completely out of luck? What are the laws for Tennessee? HELP!!!!

 

[Tracey]

Your best bet will be to sue L arguing that L acted unreasonably in replacing all the carpet. Patching or repairing would have solved the problem. You can also argue that some of the carpet damage was *normal* pet wear & tear, which is covered by the pet rent. Ls can't charge a T for normal wear & tear: dirt in carpet after a year of walking on it, flaking paint, friction damage to doorknobs, etc. Here, since L charged pet rent, L can't also charge you for normal wear & tear. Just for exceptional pet damage.

You should also argue that the carpet was 8 years old when you moved in & L would have had to replace it after you moved *even if you had no pets at all*. Therefore, the costs of replacing the carpet are not attributable to your pet; they are a standard cost of doing business. (If the facts fit, of course.)

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.