Unneeded Repair Letter Request Letter from Tenant

[Jason D.]

I could use some advice.  I have one property that has been rental for 13 years and I am experiencing my first major tenant issue.

Tenant has had control of the property for approximately one month after signing a lease with a clear as-is clause.  After moving in they began to complain of a cat urine smell (which does not exist) and demanding that I replace the carpeting.  I had all carpeting cleaned and bio treated before they visited the property for their first showing.

- I gave them a reasonable offer to replace the carpet with small consideration for them and I also offered them to move out and not pay the lease breakage fee, both of these they rejected

- They then called the city inspector.  The property was inspected and deemed to have no violations

- I have now received a letter from the renter demanding that I replace the carpeting and pad throughout the townhome within 14 days.

- Given the fact pattern it appears that they are aiming for a Rent Escrow Action against me in court even though they have no basis.

Questions

- Should I respond to the repair letter?  If so, what should I respond with?

- Do tenants actually take cases like this to court?  Good news is my lease agreement requires repayment of attorney and legal fees to prevailing party.

- Should I engage an attorney to prepare for lawsuit?

Thank you for your help!

[Nathan Gesner]

Write them a short letter with steps for breaking the lease without penalty. Example:

"Dear Tenant, I'm sorry you are unsatisfied with the rental at 123 Straight Street. We professionally cleaned the unit. We gave you the opportunity to inspect before applying. We have multiple witnesses, including the building inspector, who agree there is no cat odor. We even offered to replace the carpet, but you won't accept our offer.

We will make one more offer to satisfy you. If you are unhappy with the rental, you can give us written notice of your intent to move out within the next 30 days. You must give us at least one week of notice, and you must vacate no later than July 20, 2024. You must pay rent through the day of departure. Once you are out, we will inspect to verify there's no physical damage to the rental and refund your deposit immediately. If there is damage to the rental, we will treat your deposit according to state law and your lease.

If you choose to reject this offer and decide to stay, we will interpret this as an acceptance of the rental's current condition. In this case, we will proceed under the terms of our contract, which includes the obligations and responsibilities outlined therein."

Tenants threaten to sue all the time. I wouldn't worry about it, particularly when you have clear evidence on your side. Offer them the opportunity to leave (with limits) and hope they take it so you can be done with them. If they choose to stay and fight, hold your ground. If they continue to argue or threaten a lawsuit, get an attorney involved and route all communication through them. Tenants tend to back down when they see you can't be pushed around.