All Forum Posts by: Jason D.

Thank you for the help.  This is the letter I sent today.  Feel free to critique.  I have a feeling this is just the beginning with these unreasonable tenants.

Dear Tenants,

Thank you for the letter, requesting replacement of carpet and pad throughout the home,
that I received on June 20, 2024 (postmarked June 17th). I'm sorry you are unsatisfied with
the rental at xxxx. We professionally cleaned the unit, on April 30,
2024, prior to your first showing of the unit. We gave you the opportunity to inspect the
premises before applying to rent and provided the opportunity to comment on any issues
during an inspection at move in time. During your visits neither conditions to the lease were
requested by you nor were issues related to the smell or condition of the carpet noted on
the move in inspection report. After ample opportunity to discuss potential issues regarding
the premises you signed the lease with no conditions. The lease you signed clearly
includes that the tenant represents and warrants that tenant had inspected the premises
and that it was in good order, repair, and in safe, clean, and habitable condition. The exact
section of the lease is as follows:
"CONDITION OF PREMISES. Tenant stipulates, represents, and warrants that
Tenant has visually examined the Premises, and that it is, at the time of this Lease,
in good order, repair, and in a safe, clean, and habitable condition. Furthermore, by
signing this Lease, Tenant acknowledges and agrees that it has taken the Premises
“As-Is” unless otherwise noted in this Lease."
We have multiple witnesses, including the xxxxxx city building inspector, professional carpet
cleaners, management company inspectors, professional carpet installers and a handyman
that attest the property does not violate any code or terms of the lease and is clean, in good order
and habitable condition.
In good faith, we have offered to replace the carpet, with modest consideration on your part,
but you rejected the offer via counteroffer. We also offered for you to exit the lease without
incurring the lease termination fee which you did not respond to.
We will make one more offer to satisfy you. If you are unhappy with the rental, you can give
written notice of your intent to move out within the next 30 days. You must give us at least
one week notice, and you must vacate no later than July 21, 2024. You must pay rent
through the day of departure. If you accept, I am willing to waive the $3,700 buy-out fee as
required by the lease. Once you are out, we will inspect to verify there's no damage to the
rental and refund your deposit within the timeline required by Minnesota state law. 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.

The carpet is a couple years old and there are no visible stains on it.  It is actually in very good condition.  So, with no strong odor and no visible stains it's very hard to tell which areas would need replacing.  It would be about 105-110 square yards to re-carpet the entire place.  

I did extend the offer for them to break the lease but I expect them to reject it because they really want to stay on their terms (e.g. me replacing the carpet). They are very unreasonable.  They also were extremely rude and threatening to me during the inspection process.   I will run an ozone machine in there if they move out.  I do not feel comfortable going back over there after how they acted during the inspection.

Do you think they will have legal grounds to move forward with suing or rent escrow actions given the following circumstances 1) "as-is" language in the lease (pasted below); 2) nothing about smell is included on the pre-move-in inspection; and 3) the city inspector was already out and stated there was no violation?

CONDITION OF PREMISES. Tenant stipulates, represents, and warrants that Tenant has
visually examined the Premises, and that it is, at the time of this Lease, in good order, repair,
and in a safe, clean, and habitable condition. Furthermore, by signing this Lease, Tenant
acknowledges and agrees that it has taken the Premises “As-Is” unless otherwise noted in
this Lease. Tenant also agrees to the following:
-All drains, waste pipes, and plumbing are accepted as clear by Tenant at the time of
occupancy, and any material blocking them after occupancy shall be repaired at Landlord’s
cost, unless determined by repair person that such blockage occurred during the time Tenant
controlled the Premises and due to some fault or negligence of Tenant, specifically
excluding blockages caused by roots or backups from the street.

Also, there was a pre-move in inspection by a management company and no statement of cat urine smells or smells of any kind were noted.

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!