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jilla71 · Oct 18, 2007, 11:30 AM

Hi there we live in Pa and moved into a house on 5/20/07 and upon move in realized the carpeting was disgusting and the entire house smelled like cat urine. Nothing had been cleaned (including a lot of the former tenants toiletries in the bathrooms). We cleaned it ourselves and repeatedly asked the landlord to clean the carpets to no avail. We moved out Sept 15th 2007 and just today received a certified letter notifying us that not only are we not receiving our deposit back we owe for carpet cleaning and new carpet ($1601.60) among other things that were in perfect working order when we left. We tried to get the former landlord or his lawyer there upon move out but nobody answered our repeated calls. What do we do? How do we fight this? They are claiming $5836.88 in damages!

MarkRealEstateConsultant · Oct 18, 2007, 11:42 AM

Did you notify the landlord of the carpet condition upon moving in in writing? Did you have a move in checklist where you could have noted the carpet condition? Can you produce proof of the notification you gave the landlord concerning the carpet (tel records, copies of letters)?

Get an attorney in PA - even without the documentation asked about above you probably have reason to fight back.

ScottGem · Oct 18, 2007, 11:56 AM

What it comes down to is what you can prove. If you can prove that you complained about the carpet from day 1. If you can prove you left the place in pistine condition when you moved and that you tried to arrange a walkthru, then you file a suit against the landlord.

Sounds to me like the previous tenant was a deadbeat so the landlord didn't bother going after them or fixing the problems. But he thinks you have more money.

One thing that bothers me though. Didn't you notice the smaell when you previewed the house?

jilla71 · Oct 18, 2007, 12:15 PM

Hi there thank you both for your answers. No we didn't notice it on move in because he had masked it with some sort of deodorizer and once that wore off wow. He had someone call us to set a time to come clean it after we had given our notice to move (I don't know if this can be used as evidence? The guy never showed up) Also how can he charge for cleaning the carpet and replacing it both? I am in the process of trying to find a good lawyer here in Pa.

MarkRealEstateConsultant · Oct 18, 2007, 12:24 PM

He can't charge for cleaning and replacing. The planned cleaning after you notified the landlord is standard practice for a landlord and wouldn't constitute any evidence that he knew the carpet was soiled.

The attorney is your first step and I'd call the landlord to see if things could be worked without telling him you're looking for an attorney. If you can't work things out the attorney is inevitable - you'll need him/her to resolve the matter either in court or outside of court

ScottGem · Oct 18, 2007, 12:35 PM

If you have proof that he is billing you both for cleaning AND replacing the carpet that might strengthen your case, but not necessarily. Let me hypothesize the following testimony:

Attorney: Did you attempt to clean the carpet to remove the order?
Carpetperson: Yes we did
Attorney: and what was the result?
Carpetperson: We couldn't get the smell out and recommended it be replaced.

That's how he can charge you for both cleaning and replacement. Of course your attorney might cross examine like this:

Attorney: To what do you attribute the odor?
Carpetperson: Smelled like cat urine
Attorney: can you estimate how long the odor was there?
Carpetperson: Had to be months.

Now you get on the stand:
Attorney: Do you own a pet
You: No sir!

Again it comes down to what you can prove.