Landlord Suing for Pet Damages

[defrostedcanuck]

What is the name of your state (only U.S. law)? AZ

I rented a home from my GF's aunt. Signed a lease. Did not declare pets. GF had dogs and a cat, which she brought over on occasion. The LL/Aunt knew the GF would come over with said pets and never commented. She would come over and see the pets there, etc. Upon moving out, LL (Aunt) says there are issues with the carpets and dog urine, etc. She is now claiming breach of contract because I never had the lease amended to include pets.

Question - Do I have a chance in hell ... in court by saying that by her knowing that the pets were there and never saying anything about it, wouldn't I be able to assume that since she knew about the animals residing there on occasion, that it would not result in a breach because she knew but didn't say anything thereby making her culpable in the knowledge but not demanding a change to the contract/lease?

I am trying to do the right thing here, but now it comes down to the LL replacing all the carpets in the house because she felt that the pets ruined the carpeting.

Thanks in advance

C

 

[Just Blue]

What is the name of your state (only U.S. law)? AZ

I rented a home from my GF's aunt. Signed a lease. Did not declare pets. GF had dogs and a cat, which she brought over on occasion. The LL/Aunt knew the GF would come over with said pets and never commented. She would come over and see the pets there, etc. Upon moving out, LL (Aunt) says there are issues with the carpets and dog urine, etc. She is now claiming breach of contract because I never had the lease amended to include pets.

Question - Do I have a chance in hell ... in court by saying that by her knowing that the pets were there and never saying anything about it, wouldn't I be able to assume that since she knew about the animals residing there on occasion, that it would not result in a breach because she knew but didn't say anything thereby making her culpable in the knowledge but not demanding a change to the contract/lease?

I am trying to do the right thing here, but now it comes down to the LL replacing all the carpets in the house because she felt that the pets ruined the carpeting.

Thanks in advance

C

Why did you and the GF allow the dog/s to piss on the carpet ???????? If said dag was not house trained why was it allowed in the house??

 

[STEPHAN]

Urine stains in (or under) the carpet are nasty. It does not matter if pets were even in the contract or not. Damage is damage.

BTW you can see urine in UV light, even if the carpet looks fine.

 

[FarmerJ]

was this carpet brand new when you moved in ( new stink from off gassing) and how long did you rent there ? If it was brand new and you lived there one year then the carpet had depreciated in value by one year since a tenant lived there. If the carpet is older than 5- 7 yrs there just isnt much value left to it but treating the flooring under it is another story , the LL can remedy this by say having floors sanded if they are hardwoods or if its plywood perhaps a sealer , if its concrete /cement floor that would need some kind of treatment too. SO landlord is entitled to charge you for getting pet urine odors gone but not full replacement of the carpet but a depreciated amount.

 

[Zigner]

What is the name of your state (only U.S. law)? AZ

I rented a home from my GF's aunt. Signed a lease. Did not declare pets. GF had dogs and a cat, which she brought over on occasion. The LL/Aunt knew the GF would come over with said pets and never commented. She would come over and see the pets there, etc. Upon moving out, LL (Aunt) says there are issues with the carpets and dog urine, etc. She is now claiming breach of contract because I never had the lease amended to include pets.

Question - Do I have a chance in hell ... in court by saying that by her knowing that the pets were there and never saying anything about it, wouldn't I be able to assume that since she knew about the animals residing there on occasion, that it would not result in a breach because she knew but didn't say anything thereby making her culpable in the knowledge but not demanding a change to the contract/lease?

I am trying to do the right thing here, but now it comes down to the LL replacing all the carpets in the house because she felt that the pets ruined the carpeting.

Thanks in advance

C

To be clear, the breach is your failure to return the unit in the same condition as you received it in (normal wear and tear excluded.)