Tenant left with 4 months left on lease and $2k+ cat urine damage

Tenant left with 4 months left on lease and $2k+ cat urine damage

Homeowner · CO · Member since 2020 · 6 posts · 1 vote

Whew this has been an interesting week. Not too long ago I was trying to fill a room in a home, this caused said tenant to demand a negative coronavirus test (impossible). The new move in had agreed to self-quarantine, we had masks, gloves, wipes, and would also be given a private mini-fridge. In the end they moved out with 0 day notice before the other new tenant arrived and left 90% of their belongings. I have now restricted the rental to just one person for the foreseeable future.

INFO: 4 months left on the lease and almost all of one floor turned out to be sprayed and urine contaminated. I've gotten a carpet cleaning quote with no guarantees for over $600 and a carpet replacement quote of the main affected areas for $2200+ (I will depreciate this to 50% due to age). This doesn't include the disposal/trash fees of all of their left behind stuff either.

What do I do here? I have “Tenants are responsible for any damage caused by pets” in my lease, and also "Tenant will be liable for the balance of the rent for the remainder of the term." I'm not out to gouge the person since I know everyone is going through hard times, but I do want appropriate damage to be covered (and I had to fly out in this whole mess and stick my nose in cat pee). I have plenty of pictures and text message history and used a blacklight to see the stains.

Send certified mail with the deposit itemization + demand for compensation? Then try to settle out of court for half? Is there income loss because I cannot rent out the 2 rooms until it is fixed? I don't even care about the lost rent income, I know people need to be with family, but I do need my carpet replaced (and maybe subfloor)?

Many thanks in advance for any direction.

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Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
6y

replace the carpet with vinyl flooring and never deal with carpet again

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  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    6y
    take it out of security deposit all of it.. when people bolt like that 99.9% of the time you will never hear from them again.
    and will never collect anything more than what you have on hand in the way of security deposit.
    so if its me.. I just replace the carpet and make darn sure never to rent to anyone with a cat ever again
  • Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    6y

    replace the carpet with vinyl flooring and never deal with carpet again

  • Property Manager · Raleigh/Durham NC · Member since 2015 · 210 posts · 293 votes
    6y

    Todd, To echo what Jay said, the security deposit is about all your going to get. You have the right to the deposit based on both the damage as well as the early lease term. Make sure you document the damage and lease break and send the former tenant your accounting statement within the allotted time your state allows (my state, for instance, is 30 days). 

    It's a long shot but you can contact them and try and negotiate additional money in place of not sending them to collections and damaging their credit. 

    Keep in mind, actually sending them to collections will result in the collection company getting half and you possibly seeing some money possibly in the very distant future.

    Going to small claims court you will be the evil rich landlord forcing possibly a deadly disease (Coronavirus) on your tenant (according to them) and your chances of winning depend on how liberal your state/judge is.

  • Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes
    6y

    Make sure you're following state & local landlord tenant laws as some states require you give notice, even if tenant has left early, or have special abandonment rules, like posting that you find it abandoned and require a response within x days before you consider tenant gone.  Some areas require you store any belongings for x days before disposal.  In this environment, when courts do open up, they may be very considerate of a tenant who left because they were being forced to allow new roommates with no way to know if they are a health risk, so I wouldn't count on more than the security deposit.  

    For cat odors, search for threads on cleaning cat urine/spray on here as you will need much more than standard cleaning -- we had to remove carpet, pad, trim, cleaned slab multiple times with vinegar, replaced sections of subfloor upstairs, Kilz on walls after cleaning with both vinegar and TSP. And some recommend ozone machines, but we read up on that and it sounds like more of a danger than a help.

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    6y

    I am slightly different. Don't bother with cleaning because it's likely a waste of time and money for cat urine. Just replace the flooring and be done with it.

    Charge the renter a fair amount, in accordance with the law.

    Apply the deposit to the charges.

    Send a letter to the tenant and his/her cosigner detailing the charges and asking that payment be made within 30 days. Offer them a simple form for a payment plan if the charges are too much.

    It's very likely they will ignore you and you'll never see a dime beyond the security deposit. I think it's worth sending them the bill because sometimes you get lucky. 

    If they're really egregious and the amount is large enough, I go through the trouble of getting a judgment and sending them to collections. I may never collect a dime but at least it sits on their credit report and hopefully prevents them from scamming the next Landlord.

    The DIY Landlord Book4.7248 Reviews
  • Homeowner · CO · Member since 2020 · 6 posts · 1 vote
    6y

    @Jerry Rien It seems 75%+ tenants in my area have pets. Unfortunately this was an ESA animal, but considering they left it and did not know how often they needed to change the litter I have my doubts about it being needed (even if they did provide documentation). Moving forward it will be NO PETS! They did move out of state, back to their parents house and I have that address and phone number. It does get colder in the basements here and I personally very much like the carpet down there. Carpet feels like home to me.

    @Lynn M. Yes, it's been the 15 days, thank you for that point. I did so much reading and research to make sure I was mostly in the clear and also in regards to Kilz, subfloors, ozone, etc. Your point on courts is well noted. I am only leasing to a single person at this time and want to make sure they have a smooth and safe transition to another place close to the hospital. Don't know if that has any merit in small claims court. This has been a blessing because the nightmare mess tenant is out and so is the other tenant who also went crazy because of covid (Different topic for later).

    @Nathan G. The man himself! Yes, I am very much about the total replacement, the carpet cleaner estimate I was able to get faster and he had a giant blacklight that showed even more damage than my little one did. I do feel like anyone who would rent to this person needs to know that they simply do not know how to clean and live like an adult at nearly 30 years old. It is clear their parents have babied them. It is unfathomable to me that someone could have lived in that room.

    As far as actions go then: I will send the itemized deposit slip via certified mail and ask for an amount to be paid in 30 days as suggested. Thanks everyone again for your prompt responses. I'll have a fun part two thread where the other tenant stole moving out on camera and knew that was happening!

  • Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    6y

    @Todd Williams If they moved out of state I would take them to small claims court . Odds are if they moved that far they wont show and you will get a default judgement . 

  • Contractor · Canton, GA · Member since 2015 · 107 posts · 81 votes
    6y

    @Todd Williams

    Did you know that they have pet screenings if a renter wants to bring one in?

    My management company will charge them 50$ to screen them....especially if it is a support animal or has committed violent acts( lol).

    Sorry , I don’t think it will tell you if it urinated in a previous residence.

  • Investor · Tempe, AZ · Member since 2018 · 1k+ posts · 731 votes
    6y

    @Todd Williams, tough situation.  Sorry it's happened.

    I would focus on moving forward right now.  Document everything.  However, don't compound this loss by delaying the restoration of the unit and getting new tenants in.  I have used VCT in a few of my rentals and they've held up great the last 2+ years.  Super cheap, easy to install and actually look really nice!  I would switch to that flooring.

    Follow the law here.  Send proper notices and eviction filings.  Withdraw damages from their security deposit.  You cannot claim your time or flight out there.

    I like Nathan's feedback for putting a judgement on them.  Small satisfactions for getting justice. 

  • Homeowner · CO · Member since 2020 · 6 posts · 1 vote
    6y
    Originally posted by @Kenny Dahill:

    @Todd Williams, tough situation.  Sorry it's happened.

    I would focus on moving forward right now.  Document everything.  However, don't compound this loss by delaying the restoration of the unit and getting new tenants in.  I have used VCT in a few of my rentals and they've held up great the last 2+ years.  Super cheap, easy to install and actually look really nice!  I would switch to that flooring.

    Follow the law here.  Send proper notices and eviction filings.  Withdraw damages from their security deposit.  You cannot claim your time or flight out there.

    I like Nathan's feedback for putting a judgement on them.  Small satisfactions for getting justice. 

    Would I still need to send eviction notice if they have vacated the premises 14 days ago and said they are moving? This was one of my concerns moving forward. Thank you for your tile suggestion I will look into it.

  • Investor · Tempe, AZ · Member since 2018 · 1k+ posts · 731 votes
    6y
    Originally posted by @Todd Williams:
    Originally posted by @Kenny Dahill:

    @Todd Williams, tough situation.  Sorry it's happened.

    I would focus on moving forward right now.  Document everything.  However, don't compound this loss by delaying the restoration of the unit and getting new tenants in.  I have used VCT in a few of my rentals and they've held up great the last 2+ years.  Super cheap, easy to install and actually look really nice!  I would switch to that flooring.

    Follow the law here.  Send proper notices and eviction filings.  Withdraw damages from their security deposit.  You cannot claim your time or flight out there.

    I like Nathan's feedback for putting a judgement on them.  Small satisfactions for getting justice. 

    Would I still need to send eviction notice if they have vacated the premises 14 days ago and said they are moving? This was one of my concerns moving forward. Thank you for your tile suggestion I will look into it.

    That depends.  You need them to sign a lease addendum restating the lease data has been changed.

    If they haven't signed any type of an addendum, they are legal bound to the signed lease in place.  Therefore they are late and in-breach of contract.  Since you waited 14 days, you cannot immediately evict them.  You will need to start the process from step 1 (3-5 day late notice).

    Follow the law and lease agreement.  I would do everything accordingly therefore no excuses from the tenant if you do go to court.

    By not following the lease agreement, you leave open the opportunity for the tenant to come back or make their own claims.

  • Investor · Fort Lauderdale, FL · Member since 2017 · 12 posts · 4 votes
    6y

    Unfortunately, this has probably happened to all of us in one way or another. I would take dog urine over some of the destruction tenants have done over the years to my units. I agree with others chalk it up as a loss and move on, it happens and it will happen again. The tenants that have checked out the best have turned out to be the biggest nightmare you just never know? I just started forgoing "Security Deposits" in my leases. For years my leases called for a tenant to put up First months, last months, and security (equal to one month's rent). I found that tenants would not pay me last months and just say "oh use my security" even though that's not what the lease says that is what they do and what am I going to do fight them in court for one months rent? My leases now state at lease signing the tenant pays First months, second months, and last months. I rather have 3 months rent paid then a security deposit marked for what will turn out to be a future argument. My operating budget always includes a new tenant makeover so I have alway gone in and do what I have always done for a new tenant. Hopefully this helps!

    loss and move on

  • Member since 2020 · 22 posts · 26 votes
    6y

    I agree with what people in general have said here. I rushed through your post and didn't get the minute details, but had to chime in as soon as I read "urine."

    Animal urine is a total pain to clean, and based off of my experience, if it is really bad, I want to let you know that I did several washings on the concrete with all sorts of different kinds of cleaners including muriatic acid. Then I used a pressure washer to clean the concrete in the garage, and even then, about 10% of the smell remained which wasn't too terrible. Never again will I deal with animals.

    Always be super picky about your tenants. That is the secret to a lifelong career of landlording.

  • San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
    6y

    What are the laws for where the property is located?  That's what you need to know.

    In CA, if a tenant just bails, the normal deadline is waived for returning deposit, etc.  But, you need to know the laws that pertain to your property.  Otherwise, everyone is just guessing about what you should do, if they aren't aware of those laws.

  • Rental Property Investor · TN · Member since 2018 · 2k+ posts · 2k+ votes
    6y

    Make sure you document exactly what stuff the tenant left and follow your state laws as to disposal.  Some states require that you store the junk for 30 days prior to disposal.  Others you have to notify the tenant that they can arrange to pick it up and store it for so many days.

    MY parents used to rent a storage unit.  Pay for the first month storage unit rent out of their security deposit (as the lease allowed) and them mail them the key to the lock and the unit number and address.  They were listed on the storage rental agreement as able to access the stuff.  The unit owner was in agreement with the set up and got to sell the stuff if the renter did not pick it up at the 30 day mark or pay the next months rent.  

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