rental deposit return- pet damaged carpet

[benashnik]

Washington State: My wife and I signed a pet agreement 6-4-96. #7 states "The tenant agrees to pay an additional fee in the amount of 200.00 prior to taking occupancy to cover damage and/or cleaning caused by a tenant's pet. $100.00 of this is non-refundable and is generally used for fumigation or flea treatment. This fee does not limit tenant's liability to the foregoing amount in the event damage is caused by or cleaning is made necessary by the pet. In addition to deposit there will be a $10.00 per month rental fee for each pet."
We have three cats. We lived in this apartment for 48 months. We have paid $1440.00 in extra rent. Does anybody see any reasonable interpretation of the extra rent going towards possible damage? They are charging us $350.00 to replace minor carpet frays under two doorways in a six foot hallway. They claim, carpet was one year old when we moved in and has a life expectantcy of 10 years. So, they are charging us for 5 years (1/2) of the carpet replacement costs.
We feel the pet rent should have offset any costs up to and including the amount of damage. Not only are they not including the $100.00 above (non-refundable) deposit, and the $1440.00 "PET RENT", but charging us $350.00 to replace 24 square inches of carpet under two doorways.
Would love advice on how to proceed or if we even have a case.

 

[Tracey]

Well, that's an interesting argument, & if I were the judge, I'd buy it. That $30/month you paid was intended to defray some sort of expected wear & tear due to the cats. Otherwise, there's no reason to charge a pet deposit AND pet rent. This is a "normal wear & tear" argument. L can't charge T for normal wear & tear -- that's covered in T's monthly rent as L's cost of doing business. Here, since you paid rent for the cats, L can't charge you for normal cat wear & tear. However, I'm a cat person & I don't know if your judge will be!

I think you should also argue that they are acting unreasonably by replacing the carpets. Is there a carpet repair business in your town? Since only small areas need to be patched, it makes more sense to have the carpet repaired rather than replaced. Call & get a quote, then pass the information on to landlord (certified, return receipt mail). Inform L that if they replace the entire carpet instead of repairing it, you will argue in court that they failed to mitigate their damages, & that the fraying constitutes normal wear & tear in a pet household.

Do you have any argument that the carpet frayed because it was installed improperly or was defective? Cheap carpet is not glued to its backing very well & it frays in high-traffic areas unless the edges are protected somehow.

You can read the Washington residential landlord tenant act in RCW 59.18. You library has the statute books, or you can find it online here: http://www.leg.wa.gov/pub/rcw/rcw%20%2059%20%20TITLE/rcw%20%2059%20%20%20TITLE/rcw%20%2059%20%20%20TITLE.htm

Finally, make sure L complied with all the statutes relating to security deposits. [59.18.260-280]

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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.