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Who the Heck? | Can i make my roommate pay for damage her pet has done? |
Me and a roommate are moving out soon and going our separate ways. During the tenancy she wanted a dog and i said i didn't. she assured me she would take full responsibility for it, including price of the dog, pet fees, the non-refundable fee the rental office charges, and so on and so forth.
The landlord has informed me, after seeing the pee stains on the carpet, that the carpet will be subject to black light, and that if and when traces of urine and feces are found, that they will charge us to replace the carpet. She estimated, based off other units, that this would cost 2000$.
If this is even legal for the landlord to do, considering the carpet was noted as worn and stained when we moved in, i argue that my roommate should acknowledge the entire cost herself.
Does anyone out there think i have any legal recourse to make her pay it? the dog is registered through the city with her as owner, and she accepted full responsibility for the dog when she got it. |
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goz1111
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I think you have two open avenues available:
First the carpet in general, w/o blame, the landlord may only collect in a civil action FMV, fair market value, of an item and not replacement value because this would unjustly enrich the landlord. As posted above the courts usually allot seven year life span to carpet
On a cause of action against your roommate, while you do not have a written agreement, she is the sole owner of the dog, and i would maintain in a small claim action, her dog her issue with damage not your problem |
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Steven V
 |
yes, it is legal for the landlord to charge for carpet replacement. don't be mad at them, they didn't do anything. perhaps they will take a little off the replacement cost because the carpet you moved in on wasn't new.
if both of you are on the lease, the landlord will be going after both of you for any balance owed after keeping the deposit. again, if both are on the lease, you are responsible for each other.
if you write out a settlement agreement between you and your roomie, then you can see if they will sign it and pay you. |
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monicanena
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They can only check with a blacklight after move out IF they checked with black light before you moved in - and they have to be able to prove it. It would have been part of the walk-through process. Otherwise you could argue that the stains that glow are from a previous tenant's pet.
If for some reason they do check and decide to replace the carpet, first speak with management and make sure they'll bill her directly for that. If they say they can't, nicely let your roommate know that when you receive the move out charges, you'll forward to her any that are related to the dog.
If for some reason she won't pay, sue her. It's never nice to end that way, but usually just a letter saying you'll be forced to go to court is enough to get them to pay. And I'd rather end up in court than out hundreds of dollars. |
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financialpeas
 |
I wouldn't pay the landlord, and not bug the roomie either. Let the landlord sue if he wants the money and can prove in court that it was her/your dog that caused those stains ... considering the lease noted the carpet was stained, and that the dog does not belong to you, I'd just go my merry way and let them work for it ... you will likely not have to pay, but might want to save up $1000 in the meantime. |
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njyogibear
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whose name is on the lease? you, roomie or both? that would determine who is on the hook. I would insist that she pay to have the rug cleaned, then hope for the best with the landlord. $2000 sounds a bit high for new carpet so if you are looking to get a deposit back you might have to take the landlord to court. |
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misslady81
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blacklights will also pick up other organic stains like milk and other bodily fluids and sometimes even cleaning products but that will glow bright white. you can pass a black light inspection but it will take some work on your part. you can get folex carpet cleaner, it comes in a big white bottle. you can purchase it from target, home depot and/or lowe's. you spray it on the stain and then blot and then repeat the process, but you will need a blacklight to detect where it glows urine greenish-yellow. anyways, if you don't want to go that route, you could always turn around and sue your roommate since it was their dog, but due to the carpet not being new and worn they cannot charge you guys full price for it. |
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Big Deal Maker
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Carpet for apartment living is on average 5-7 years.
If the carpet was indeed as noted worn in areas the owner can not charge you for the full replacement costs.
However they can take any pet deposits that where required. Also they may seek additional damages.
The black light is used for tracking urine. Ask to see the black light report before you moved in. If they had not done a black light to track urine in the carpet what would be the assurance that a dog or cat for that matter had not lived in the unit before.
Since they allow pets into the complex they would not have a leg to stand on as a pet deposit is required for the damages.
Best of luck and i would send them a letter now to ask the above questions from you manager.
Your roommate is responsible for the pet damages. However the manager/owner would go after all parties listed under the rental agreement. |
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Cat
 |
Based only on what I've seen from small claims court cases - carpeting does NOT last more than about 7 years, and a landlord cannot charge replacement value for carpet that's not brand spankin' new.
Clean the carpet well, and take lots of pictures of it to show its condition after you leave (which will hopefully look like clean, albeit worn and older, carpet).
Then fight the full replacement cost in court. |
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Peter
 |
The problem is that you agreed to it. I would call a carpet cleaning service pronto and tell them what the problem is--they have solutions for urine. Once they clean it, split the bill with your roommate (fighting it will not work) and then once you leave the apartment for good, don't leave them a forwarding address. It's sleazy but so is a $2000 carpet price. |
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xIm So Smartx
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If she agreed to be responsible for the dog, then if the carpet needs replacement, due to the urine stains from the dog, then she should pay for it. i dont see why you would have to pay anything.
But if the carpet was already stained, neither of you should have to pay to replace the carpet to bigin with.
im not sure you should look more into teh legal aspect of it. |
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pceluvnchclte
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Before you run off & let yourself get sued by the landlord (as suggested above), did you have her sign a contract stating that she would be liable for all damage caused by her dog?
If you didn't, she could easily turn around in court & say that she never said that & you would end up having to pay, too. |
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