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Dispute over damages

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Eddie911

New member
I have just left an apartment in Kentucky where I had a pet, paid a $300 pet fee and an extra $25 per month. I have been sent a picture of the carpet being uplifted and stains underneath that they have determined are pet urine stains and I will be billed for the full replacement of the apartment carpet. I was never given the opportunity to check underneath the carpet when I moved in so I do not know when these stains happened. My question is do I have a leg to stand on or am I at their mercy? Could I also claim that the $300 and monthly fee should be applied to the replacement ?
 


Just Blue

Senior Member
I have just left an apartment in Kentucky where I had a pet, paid a $300 pet fee and an extra $25 per month. I have been sent a picture of the carpet being uplifted and stains underneath that they have determined are pet urine stains and I will be billed for the full replacement of the apartment carpet. I was never given the opportunity to check underneath the carpet when I moved in so I do not know when these stains happened. My question is do I have a leg to stand on or am I at their mercy? Could I also claim that the $300 and monthly fee should be applied to the replacement ?
I assume you had a dog? I will also assume that your dog would urinate/defecate on the carpet? If so...you are responsible for the value of the carpet at the time you move out...NOT the cost of brand-new carpet. Did you have a security deposit?
 

Eddie911

New member
I assume you had a dog? I will also assume that your dog would urinate/defecate on the carpet? If so...you are responsible for the value of the carpet at the time you move out...NOT the cost of brand-new carpet. Did you have a security deposit?
Yes a dog and we got her when she was 10 weeks old so she did urinate and defecate. How would we determine the value of the carpet? We lived there for 2 years. We had a security deposit of $400.
 

Just Blue

Senior Member
Yes a dog and we got her when she was 10 weeks old so she did urinate and defecate. How would we determine the value of the carpet? We lived there for 2 years. We had a security deposit of $400.
What type of carpet was it? Was it new when you moved in?


FYI: When you have a puppy that is not "potty" trained...crate the pup while you are not home/sleeping. NEVER leave a puppy lose in the home while you are gone or are sleeping. The crate should be placed on a large rubber mat...that way if the little guy has an accident the floor won't get damaged.

House training a puppy should only take a few weeks...if that.
 

Eddie911

New member
What type of carpet was it? Was it new when you moved in?


FYI: When you have a puppy that is not "potty" trained...crate the pup while you are not home/sleeping. NEVER leave a puppy lose in the home while you are gone or are sleeping. The crate should be placed on a large rubber mat...that way if the little guy has an accident the floor won't get damaged.

House training a puppy should only take a few weeks...if that.
I dont know if it was new when we moved in but I would assume not. It's a nylon carpet.
 

FarmerJ

Senior Member
If the carpet was brand new when you moved in I suggest you would remember the new stink of the chemicals on / in the carpet that would have been off gassing. If the carpet was not brand new when you moved in then I suggest you wait and see what the total dollar amount comes to especially if they charge you full price to replace the carpet then you want to see how they list what they charged to seal the flooring / treat the soaked in urine stains and then begin to ask questions such as what the depreciated value of the carpet was , most rental apartments use carpets that have a five year life expectancy SOME landlords may buy carpet that has a 7 year life expectancy BUT no matter what during your tenancy you used two years of that carpets useful life up SO if the carpet was one year old when you moved in then it has a lower depreciated value left to it.
 

adjusterjack

Senior Member
paid a $300 pet fee and an extra $25 per month.
What many don't understand is that those payments do not eliminated your responsibility for damage above and beyond those amounts.

I suspect that, with only a $400 security deposit, the depreciated value of the carpet plus the expenses involved in getting the stink and stains out of the floorboards will eat up the whole $400 and you might even get a bill for an additional amount.
 

Zigner

Senior Member, Non-Attorney
Depending on state law, the $300 pet fee might not even need to be applied to the damages.
Here in California, it WOULD need to be applied, but many states allow for a non-refundable pet fee (as opposed to a pet-damage deposit).

EDIT: A quick web searched leads me to believe that Kentucky doesn't take a stand either way, so a non-refundable pet fee (not deposit) is likely allowable. The $300 doesn't need to be applied towards repairing the damage.
 

Gail in Georgia

Senior Member
Many times a pet FEE (which is nonfundable as opposed to a pet DEPOSIT) plus pet RENT (i.e., the $25 extra per month) is simply for the "joy" of being allowed a pet in a rental unit (I say joy because I also do cat and puppy rescue and believe me, puppies ain't no joy; we're so happy to see them go on transport at times!). A 10 week old puppy will eat, sleep, poop and pee and then continue to repeat the last two items over and over again (one reason my own lease allows pets but NO puppies!).

But to answer your question, no; your $300 pet FEE and extra $25 per month does not go toward the damages that a pet may cause.

Keep in mind with a pup there is also often the question of chewing....

Gail
 

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