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Pet Violation and Carpet Cleaning Breaking a Lease

Discussion in 'Rental Agreements & Subleases' started by Benjamin Ertl, Sep 14, 2015.

  1. Benjamin Ertl

    Benjamin Ertl Law Topic Starter New Member

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    Hi all,

    Lease agreement with 5 tenants states that no animals are allowed. Cat hair was reportedly found after a carpet cleaning that needed to be done because the carpet was "very very dirty" according to the new tenants coming in.

    Neighbors reportedly saw a cat living in the house that I rent periodically. My pet violation policy states that there is a charge of $25/per day which for the whole year these tenants lived there would be about $9000 in pet violation charges.

    The tenants paid for the carpet cleaning out of their security deposit. I don't usually clean the carpets (deep clean) but the lease states that the tenants agree that the place is clean/safe before moving in.

    The tenants are trying to get out of the fine by stating that the 365 days with a cat cannot be proved and that the lack of carpet cleaning in previous years means that the cat hair could have been from previous years.

    Do I have grounds to charge them the fine or is it too difficult to prove the length of time the cats were staying?
     
  2. army judge

    army judge Super Moderator

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    You have NO proof, other than what will be considered hearsay, if you try to testify at trial.
    Even if you subpoenaed the alleged witnesses, they can't PROVE that a cat lived there for an entire year.

    If I were you, I'd choose not to fight this battle.
     
  3. Betty3

    Betty3 Super Moderator

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    They paid for the carpet cleaning out of their security deposit. I would let it go at that - no fine.
     

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