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Hello everyone,

I just had a tenant move out of a rental I own. After moving out, one could tell that the tenant had a pet. From the smell, it smells like cat pee. I had just replaced the carpets a year ago before the tenant moved in to the apartment. Getting an estimate, it is going to cost more to replace the flooring than what I had collected in security deposit. The lease clearly stated that no pets were allowed. Can I sue for additional money the security deposit did not cover in replacing the flooring due to damages from a pet that was not permitted under the lease?

Thank you for any help,
Chris

2006-10-08 06:56:15 · 8 answers · asked by Christopher V 2 in Politics & Government Law & Ethics

8 answers

Yes of course. First you must have a proof that before the tenant moved in the carpet was new, or clean. You said you just replaced it so you must have the receipt. Second you must show to the court that the carpet was peed on by an animal. That could be done by getting an estimate from an expert and saying that this is caused by an animal. Third take pictures if you have before very good so you can compare the before after.
Bottom line you have to prove your case.

P.S. Whether you are allowed a pet or not makes no difference because the tenant is responsible for any damages caused by their pets.

Good luck

2006-10-08 07:09:10 · answer #1 · answered by Artguer 2 · 0 0

You have carpets in a rental?? That's crazy.
You should tear it out and put down wood or tile.
It will cost alot to sue the previous tenant and they may win if you can not prove there was a cat.
Take the loss and charge more of a security deposit?
Add a pet deposit to your lease?

2006-10-08 07:07:24 · answer #2 · answered by murkglider 5 · 0 0

Depends where you are Chris. In Ontario it's against the law for landlords to forbid pet ownership under the human rights act, especially if the animal is considered a service animal or therapy pet.

However if there is landlord/tenants act available I'd check that. I think maybe it just covers the security deposit and no more , but you can always consult your lawyer.

2006-10-08 07:03:59 · answer #3 · answered by Lizzy-tish 6 · 0 0

Yes. You are not limited by the security deposit. If the tenant's damage exceeded the deposit you can sue for the difference.

2006-10-08 07:04:49 · answer #4 · answered by Brand X 6 · 0 0

If you can prove that the previous tennet had pets, you could sue the tenant. But you have to be able to prove it in a court of law. Good luck. I'd might consult and attorney before persuing it.

2006-10-08 07:04:04 · answer #5 · answered by Aubrey's mommy 5 · 0 0

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2006-10-08 08:37:31 · answer #6 · answered by Anonymous · 0 0

yes, we have done it before, anyone can sue anyone for anything, hope you win

2006-10-08 07:04:05 · answer #7 · answered by michael m 6 · 0 0

yes you can sue.

2006-10-08 07:05:00 · answer #8 · answered by grande alacrán 5 · 0 0

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