Ask Me Help Desk - My tenant wants to break a lease because of a smell?

My tenants signed a lease to my house without seeing it. They lived in Oregon. The house is in Pennsylvania. I disclosed everything I knew about the property to them in an email. They accepted. The tenants moved out a few days before the new tenants moved in. Over those couple of days I cleaned the house from top to bottom. While I was in the house I noticed an odd smell and something coming out from under the oven. It is a gas oven so I was not able to move it before the new tenants moved in. The smell was like cat urine. The previous tenant did have a cat. I sprayed tons of cleaner under the oven. I tilted it and wiped underneath. I thought I had gotten rid of the smell. It was a hot summer day when the new tenant arrived and I had the windows open and two candles burning. The whole house smelled like cleaner. I had only a few hours a sleep. I was cleaning for days before she came. I was tired of smelling cleaner, so I thought a nice candle would be nice...
So a few days after the new tenant moved in I got a phone call. She said there was a problem in the kitchen and to please call her back. I returned the call, but got voicemail and I left her a message. She was returning to OR to get the rest of their stuff and returning in mid-August. So while she was gone my husband and a contractor headed over to the house to do some work on it. My husband noticed the smell and they unhooked the oven, cleaned the floor underneath of it, and rehooked the oven. He said that the smell was better.
Today I got a letter from our tenants' lawyer stating that they want out of the lease because they consider the house uninhabitable because the smell was making them sick and making their things smell. They also went as far as to say that they assume the smell was from some illegal activity. They want out of their lease. I don't really have a problem finding new tenants, but I don't feel like I should have to refund all their money? I feel like we could have resolved the problem?
What I really think is that the tenant doesn't like the neighborhood and wants out of the lease and is using this as an excuse? What can I do??

You have your attorney reply to theirs, that you have fixed the problem and it had nothing to do with illegal activity. However, you do not desire to force anyone to live where they do not want to live. So you are willing to let them bou out of the lease. Then propose a settlement that you are comfortable with. Maybe a two month buyout, or just keeping the rent and deposit.

You can contest it in court, if it gets that far. They have to prove you were negligent or deceitful. Unfortunately for them, and fortunately for you, they signed a contract, and that means you have the power. I don't know the specifics of the case, but based upon the information you've provided, you have a very strong case.

Edit** I also agree with ScottGem, who may have provided more accurate information for the initial steps to be taken.

Thank you for the quick response. I guess the next thing to do is to get a lawyer - which I've never done before. I'm in Philly. Any ideas of how to get a lawyer that won't cost a bajillion dollars?

Hello a:

Before I spent a bazillion dollars, I'd give their lawyer a call and propose a settlement similar to the one ScottGem suggested. You'll find out real quick whether that's a possibility or not. If it's a no go, THEN hire a lawyer.

excon

I agree with excon. However, I would caution to not let the lawyer pressure you into anything. Just remember, you have the upper-hand, and if you feel that you are being taken advantage of, get a lawyer involved.

Quote:

Originally Posted by a2andkat

Today I got a letter from our tenants' lawyer stating that they want out of the lease because they consider the house uninhabitable because the smell was making them sick and making their things smell. They also went as far as to say that they assume the smell was from some illegal activity. They want out of their lease.

Besides "out of their lease" what are they saying they want? What does your lease state regarding early termination?

Have you been to the house? Is the smell FOR SURE gone? Depending on what sort of flooring is in the kitchen the cat urine could have permeated the flooring material - especially with the heat from the oven. If there's still an odor I'd be more generous in my offer to let them off the hook. But you still definitely have a right to recoup your costs. If the odor is completely gone I would tell them what it will cost them to get out according to the lease - even if it's paying out the entire lease.

I'd go inspect the house. Then I'd send a letter to their attorney with my proposal. I don't see this as a situation where you have to run scared just because they have an attorney. They signed a contract with you. They notified you of a problem, you fixed it in a reasonable amount of time (assuming it is totally fixed). Them wanting to move "because of the smell" is going to cost them.

I would ultimately work with them. They sound like they'll be pain in the butt tenants since they don't want to be there and they get a lawyer to handle something like that without just attempting to work it out with you first. (Unless there is more you haven't told us.)

DO EVERYTHING IN WRITING!!

Good luck
Karla in TX

Thank you everyone. I plan on going over to the house today to check it out. I just spoke with my husband and it sounds like there was mouse poop soaking in cat urine that took a whole roll of paper towels to clean up. I probably made it worse, squirting cleaner under the oven - I know cleaner and urine doesn't mix? He said that he cleaned up the tile floor and the smell was gone.

Now I don't know what to do about my previous tenants' deposit? I don't want to keep it or any portion of it, but I also feel like her cat got me in this situation? Legally I have to return her deposit or portion of it by the end of the month...

Is it OK to relist the house and search for a new tenant? Or do I have to wait until this lease is dealt with? The first of the month is coming up quickly!!

Oh, I just found this site today... This is wonderful..!

I understand you wanting to be nice. But being a landlord is a business and you can't let senitmentality rule. Send the previous tenant back her deposit less the cost of the cleaning materials and any other costs you can attribute to cleaning the smell. That's a valid repair.

You can't list it until you resolve the issue with the current tenant. So be sure to include the lost rental for Sept in your calculations.

Quote:

Originally Posted by a2andkat

the tile floor and the smell was gone.

If it's actual ceramic tile with porous grout in between it will absolutely retain that smell! There's a product called Nature's Miracle, or Simple Solution is another one, that they sell at places like Petsmart. It actually has an enzyme of some sort in it and it will "eat" the bacteria that's left over which is what's creating the smell. Cat urine is THE hardest smell to get rid of!

Quote:

Originally Posted by a2andkat

Now I don't know what to do about my previous tenants' deposit? I don't want to keep it or any portion of it, but I also feel like her cat got me in this situation? Legally I have to return her deposit or portion of it by the end of the month...

You are COMPLETELY justified to cover your costs associated with this situation! At the very minimum you have your time and cost of cleaning supplies. (Check your state laws - some states allow you to charge a fair rate for your time, other's do not.) There's still the possibility that the flooring could have to be replaced because of this. Just make an itemized statement to send back with whatever portion of the deposit you are returning, stating what you're witholding.