Rental Property Tenant Issue...I need advice ASAP

[John Walker]

I had a tenant move out a month before her lease ended. I agreed to it, if I was able to find a new tenant that can take over the property with no lapse in rent. I hired a property management company to merely take care of the marketing and leasing of the unit and I would manage the property for the rest of the lease, given its almost a brand new house. (my first mistake)

The first tenant moved out in the middle of April and my wife and I drove from the NJ to VA to check on the condition of the house. The house was in almost in perfect condition except after removing some air fresheners we discovered a cat pee smell all over the house. The smell was most heavily concentrated on the bedroom carpets and in the down stairs foyer on a wood floor and base molding. I hired a cleaning crew, who guaranteed they could get rid of the smell for $800.00. I sent the property management team back the house to make sure the smell was gone. After sending the cleaning crew back three different times the property management team finally said the smell was gone so I paid the cleaning crew.

The tenants have been moving in slowly over the last couple of weeks and finally slept in the house for the frst time this weekend. After one night and I got an email from the tenant saying she is severely allergic to cats and the smell of urine is all over the house.

How should I handle this situation? I have not paid the previous tenants security deposit back and technically her lease was supposed to go through May 31st. Do I have any legal grounds to get her last months rent to cover the carpet and flooring replacement even though I have a new tenant?

Any advice would be greatly appreciated.

Best,

John

[Mindy Jensen]

@John Walker, if the drywall and wood floor is saturated, it needs to be removed. 

Cat urine smells horrific, and often the only way to remove the smell is to remove the item that smells. 

If the tenant is willing to stay in place, you're lucky. You may be able to pursue damages above the security deposit, but I wouldn't hold my breath collecting them. I don't think you have legal grounds to get her to pay the last month's rent to cover the replacement costs.

How long did she live there? How long did she have a cat? How many inspections did you do during her tenancy?