How to handle dog and cat pee

Question

Hi everyone, I am currently in negotiation for a house that has dog a cat urine on the floors. I would like to figure out if that is enough reason to keep the security deposit that the seller acquired from the tenants? The lease allowed up to three pets during tenancy, however it also states that the tenant shall return the said premises in at least as good a condition as they were received by the tenant. It states specifically that burns, holes, stains, or holes in the carpeting shall not constitute as normal wear and tear. I am not sure if that is reason to keep the security deposit since the seller allowed pets at the home?

Thank you!

Wesley W. · Answer

It depends on how much it costs you to remediate the smell and repair the damage.  The tenants will owe you that much.  If it exceeds the value of the security deposit then you can sue them in small claims court for the difference, but I would just keep the deposit if that were the case and move on.

Joe Splitrock · Answer

@Josh Lingen I think what @Erik Whiting and @Scott Mac are trying to say is that security deposits are not just kept. You have to itemize all damages and depreciate for age. You also should have some proof the damage is not pre-existing. At a minimum I would have something in writing from the previous owner stating there was no urine odor or pet damage.

As far as depreciation, f the carpet is 10 years old, you will be unlikely to any deduction for its' replacement cost. You can probably take a deduction for sealing the floor below, assuming the pee soaked through and damaged the sub-floor. It is very likely the total remediation cost will not equal the deposit.

Also be aware that pet damage is not always just flooring. Cats can spray base boards or sheet rock. The pee often soaks through into the floor boards below. Often an odor blocking primer will seal the smell, but in extreme cases the floor boards need to be replaced.

Scott Mac · Answer

Hi Josh,

Carpet in a rental seems to last 5 to 7 years (HUD says 5 years). So (for instance) a 10 year old carpet at move out with pet damage should be fully depreciated and if it needs replacing due to pet damage that would probably be on you. 1 year old carpet on move out with pet damage 20% used up on you, 80% resident replacement cost. Some owners get more than 10 years out of a carpet, but HUD says it's a 5 year item.

It comes down to how old the carpet in the unit is.

Good Luck!

Erik W. · Answer

@Josh Lingen, hi and welcome to BP!

First, I don't know your level of experience, but I never enourage anyone to "just keep" the security deposit regardless of whether it is justified or not. The phrase "just keep" implies laziness and lack of diligence to follow the law your state has for handing security deposit.

Tons of mom and pop land lords "just keep" the security deposit all the time.  Doesn't mean you should.  In my state, the tenant can sue and if they win I can get penalized up to 3x the amount wrongly withheld, plus the tenant's court costs.

Find out what your state says must happen.  In Missouri, I have up to 30 days to provide a detailed accounting statement mailed to the last known address listing charges and including any refund.  Failure to provide that automatically makes me liable for any amount withheld, if the tenant decides to sue me.  I send it Certified Mail to prove when I mailed it, and the check memo--if any refund is issues--always says "Deposit Refund for (address)".  I also include the required language that if there is a deficit owed, they must pay upon receipt or I may file with credit bureaus.

Also, as Mat T. says, you have to prove THEIR pets did the damage.  If the Seller is your typical mom and pop LL and didn't get a signed move-in condition report, then good luck.  It's "he said, she said", and I would not count on the Sellers coming to court to defend you, and even if they do, judges often side with the "consumer" vs. the business, in this case, the tenant.  Flipping a quarter to see who wins is not a good business model.

My vote if you have no documentation is rip out the carpet, use some oil-based Kilz on the floor, and go over it with resilient flooring like luxury vinyl plank that is much easier to clean and repair when pets piddle.  Plus, tenants are more likely to clean up after their pets.  No one wants to step in a puddle of pee.

Account Closed · Answer

If the humans peed on the floor would that be considered normal wear and tear???

Account Closed · Answer

@Josh Lingen I would keep the deposit because I'm assuming the cost to get that pet smell out is worse. When I rented and had pets, I always knew if my pets made a mistake it would be taken from my security/pet deposit. For the future btw, I always charge a pet deposit on top of a security deposit because of how much damage some pets can do (so costly).

Josh Lingen · Answer

@Erik Whiting yeah, they could be lying but I was thinking that the fault would be put on the seller in that case wouldn’t it? I completely understand where you are coming from, this is all really helpful information.

Erik W. · Answer

@Josh Lingen, you can try that.  But...what's the difference between that and the Seller showing up in court and saying the exact same thing?

First, you will have to prove it actually was the Seller who wrote that letter.   I suppose a Notarized form "might" be accepted in court.  But even then, unless the TENANT SIGNS OFF ON IT, who is to say the Seller wasn't lying?

Theoretically, you could have the Seller sign a document saying the tenants agreed to a $1,000/month rent increase, but that doesn't mean the TENANT actually DID agree.  We're back to "he said, she said" unless all parties have signed off.  My advice is get the TENANTS to sign an estoppel letter stating (among other things) there were no pet damages.  If they don't want to, they don't have to.  If you already made that a condition of the sale with the Seller, then it's up to the Seller to get them to cooperate.

Josh Lingen · Answer

@Erik Whiting what if I made the seller state in the purchase agreement that there was not any pet damage prior to the tenants moving in?

Max T. · Answer

Do you have documented condition of the premises prior to these tenants moving in? If not, how will you prove that they caused the damage (not pre-existing)? Good luck!

How to handle dog and cat pee

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