Replace carpet after a cat was last tenant

[chw1]

I have lived in the same apt for over 2 years and the prior tenant owned a cat. The carpet has been fairly dirty since I got there. About 6 mos ago, we cleaned the carpet ourselves and the whole place smelled like cat urine. We asked the landlord to finally replace the carpet and he said he would wash it. We explained to him that the carpet is past being cleaned and that we need to have it replaced. He disagreed. we called him one month later to see whre the cleaner was and he said they would be calling soon. A month later same thing, and so on til 1 month ago, they finally got someone out. It is still dirty, still has paths through the carpet and still smells like cat urine. He says, he will still not replace the carpet and that it will cost too much money. he said he would do it if he raised the rent and damage deposit. He already raised the rent 6 mos ago and has done nothing to the apt. since then. He also tried to charge us for the garage door opener that broke 2 weeks ago because of an old part.

Question is, is there any recourse for a new carpet? Can he evict us now that we have pissed him off? Can he threaten us with comments about raising rent and damage deposits because of regular wear and tear? We aleways pay rent on time and rarely ask for anything until a few things at once broke.???

Anyone?

 

[chw1]

This is in California.........

 

[macckkk]

YES to all your questions...If da place stunk why did you sign a renewal lease...DUH!

Yes new carpet = higher rent....


Try this stuff it should work, i have used it in a steam cleaner 3 or 4 oz in the tank on the carpets and it cleared up some of our allergies.

http://www.drsfostersmith.com/product/prod_Display.cfm?siteid=1&pCatId=3524

 

[chw1]

So isn't he responsible for getting a new carpet if the old one is not in a healthy condition?
He did raise the rent already.
My understanding is that when a carpet has trails through it where the carpet is depressed into the floor where everyone walks, it is time for new carpet.?

 

[FarmerJ]

CHW1 those are called traffic patterns depending on how bad they are is what most folks use for replacement decision If they cannot be lightened with cleaning most people will replace them when its there own home , But since your in a rental you might consider getting them as clean as you can one more time try a dual method a rotary brush to get in and break up the soil and then extraction to suck up the dirt & moisture , then take pictures when its dry and cover over with runner rugs and area carpets that you can roll up and take with you when you do move some day . this will reduce the wear and tear on the carpet traffic zones . Then take pictures again the day you move out . And any further correspondence with your landlord should be in writing about the carpet or any other repairs with keeping a copy for your self . So you are able to document that you had done so , and do get a delivery confirmation how ever you chose to send it . So this way it doesnt become a issue with your deposit when you move someday

 

[jlw1000]

The landlord is not required to replace a carpet at the tenant's demand. If you want to live in a place decorated to suit you, start saving for your own home.

I'm disgusted by tenant's that want to live in "palaces" and run up expenses, but then complain about the rental amount. Landlord's have many expenses: the mortgages, taxes, insurance, maintenance, defending themselves from fraudulent & frivolous lawsuits, supporting deadbeat tenants etc.

 

[chw1]

Look here buddy,

Are you saying that I am deadbeat tenant?
I pay rent on time every month and when they raised the rent, I payed it. and now there are some maintenance issues that need to be taken care of.....

I don't care what kind of excess bills you have, not my responsibility, if you can't handle it, don't have a rental property!

When the carpet is no good, it's no good and when things are broken like the toilet clogging up everytime you flush the toilet and they don't get a plummer out there for 2 months and then after realizing they need a new toilet they wait another 2 months.....

In my opinion, they have let things slide for many things witht his apartment and it's time to get on them for maintaining the place.

Don't ever classify someone you don't know as#*%ole!!!!

 

[chw1]

Just to add

If your gonna charge palace prices then I want a f*&#*ing palace!

 

[jlw1000]

The thing is renters are genrally renters for a reason. Usually because they are not responsible enough to have their own home. They usually do not have the credit rating to secure a loan, or have not saved enough money, or just plain do not want the responsibility of owning a home. In the meantime they feel that they should pay rock bottom prices for a home that is nicer than say a million dollar property.

Seriously I had a potential tenant state they wanted marble floors & window sills, but only wanted to pay $500 a month for a 3 bedroom house with a large fenced in yard! They wanted to know if I had such a property. I do not live in a house with such amenities & I can tell you my mortgage is well over $500, this does not count the tax, insurance, and maintenance expense (plus the fact that a homeowner takes far greater care of their property then a tenant).

This is just one example of how tenants have NO idea how much property is worth, and try to apply their ridiculous standards to a rental property. If you do not like the fact that you do not have brand new carpet, buy a home of your own & do whatever upgrades you can afford. You will probably suffer "sticker shock" when you find out how much the home you want actually costs.

 

[chw1]

I agree however.........

I am not asking for a palace at a low price. I pay $1500 for a small two bedroom and 1 bath. Th dining room, kitchen, hallway, and bathroom are tile. The two bedrooms and 10x10 are carpet and the living room 10x10 is carpet. this is not a major expense. I think $1000 is what they would pay. I'm not looking for the most expensive carpet either, just something that looks like carpet. I don't thiink we're asking for anything excessive. Just regular maintenance. If we were to move out tomorrow, they would have to replace the carpet anyway.........

 

[justathought]

...If you moved out tomorrow and I was the landlord, why after hooking a sucker like you to sign a lease on a place that smells like cat pee, would I replace it? I'd just find someone else like you...

Or, if you don't have any written documentation that it smelled like cat pee to begin with, take it from your security? Seriously, what kind of judge is going to side with you... "gee, your honor, I *swear* it smelled like that when I got there"... something they haven't heard before?

Listen, I'm not a lawyer, nor a landlord. I am a tenant that does get irritated when my rent goes up to make up for the cost of other tenants.

You should NOT have signed anything that wasn't suitable to take... And if you did, you can't complain because you KNEW about it and took it anyways.

And what was wrong with FarmerJ's opinion before the mud-slinging started?

...just my two-cents... Does this make me an @-hole too?

 

[chw1]

Actually I didn't mention Farmer J because he actually had something good to say.....It's the other two that I have a problem with. They seem to think that since they are landlords and have tenants that are not responsible, that everyone that comes on here is a way to vent to them about there deadbeat tenants.

Anyway, I do appreciate the help with my questions I'm just a little disturbed by people assuming that I am just out to take my landlord to the cleaners. Anyway, I just thought that a land lord had an obligation to maintain the apartment.....That's all I want to know. My understanding is that they do.

 

[macckkk]

NOPE i am a tenant too........

But WE have to put up with the stupid dumb asss tenants that pissed off the landlord....

So to find a landlord that is NICE and that had never had stupid, lying, weasels lowlifes, drug addicted wife beating tenants is RARE....

 

[justathought]

Okay, then I guess I'll play nice...

Starting over, answer a few questions... Like do you have a lease? Did you do a walk-through or do some kind of checklist with management/landlord when you moved in? Those kind of things...

If you don't have a lease, I'm pretty sure they can raise the rent or give you notice at their leisure (never p!$$ off a month-to-month landlord!!). But for the deposit, they usually have to itemize within a timeframe to charge you for the damage. (Where is the previous tenant? What happened to her deposit?) I don't know anything about CA, but in my state you can sue in small claims for up to triple the deposit for mishandling the deposit.

Carpets are tricky for deducting though... again, answering for what I know (not CA) it goes by some formula that looks like: Life of carpet in years-years since last replacement-other tenants=your proportionate share of damage ... So if you are 3 years into a rug with a ten-year expectancy (I don't know if that's a brand thing or a state regulated statute?), you're screwed... but if you're 15 years into a ten-year rug, not your problem... Take landlord to small claims for overcharges.

But for future places, get a lease, get the walk-through signed and get runner/area rugs for high traffic areas.

If you want answers specific to your area (re: deposits, raising rent, maintence, landlord responsibilities, how wear and tear is defined in your state) do some research. You can contact your local RHA (residential housing assn), housing advocates (we have them at housing court), or if you're daring, check out your local law school (for books or to snag law student thoughts).

Ps. As to the "palace" prices... I'm in a landlord's market area (got a little crazy when rent control was repealed) and you can't get a basement studio for less than $1k. If I could get a 2BR for your rent, it would be a palace to me... I'd invest in a Bissell and deep clean that sucker myself with a toothbrush if I could... It's all relative.

Good luck!

 

[chw1]

Thanks!!