pet urine and pre-exist inspection - Landlord Forum thread

pet urine and pre-exist inspection by Anonymous on May 10, 2012 @11:27

A question specific to California pre-exist inspection.

As required by law, if a tenant requests a pre-exist inspection, LL has to provide one. LL must write a "good faith" estimate of what will be deducted from security deposit.
The living room carpet was very stained with pet urine and plant watering. I wrote an estimate of cleaning the carpet $400, plus an additional $200 to eliminate the pet smells.
The tenants boyfriend (who is not on lease, but wasn't living there to the best of my knowledge) got mad that I was "double dipping" on the carpet cleaning and tore up the good faith estimate I was asking my tenant to sign.
I tried to give an estimate as required by law as well as the statutes on the security deposit return disclosure as also required by law. They declined both documents. My tenant chose to "hire a carpet cleaner herself" and agreed to the final inspection on May 14th.
After thinking about this overnight, I realize that just cleaning the carpets is not sufficient enough to rid the pet urine based upon other posts to this site. The carpet pad and possibly the subfloor need to be replaced and more. I didn't realize this when I made my original estimate.
The carpet is older. I bought the house in 2008 and the carpet was not new then. I don't know how old it is, but it is in decent shape texture wise, just the stains and the smells are the problem. The pet urine clearly is more than "normal wear and tear".

So the question I have:
Now that the tenant declined my original estimate, can I now submit a new estimate (even though it was supposed to be left last night) with new charges for carpet, pad, and subfloor. I have $1800 deposit and her lease, which went to M2M is up May 14. I really don't want to end up in court, but don't want to get cheated on what is truly owed.

Tenant has been in single family home for 2.5 years.

I will also post this with Ask a lawyer.

Advice?

[ Reply ] [ Return to forum ]

Re: pet urine and pre-exist inspection by Jake on May 10, 2012 @11:56	[ Reply ]

It appears that you do not need to take further action. You have already met your legal requirement by conducting a walk through and submitting a good faith estimate which the tenants tore up. All you need to do now is to inform your tenant that you will be sending a "settlement statement" within a month after they vacate. Explain that the "settlement statement" will contain the final estimates and cost. Then change the subject and get off the phone. If the tenants continue to bager you about keep repeating the same thing over and over. "The "settlement statement" will contain the final estimates and cost." It is not your job to come up with work and numbers that they agree with.

Re: pet urine and pre-exist inspection

Re: pet urine and pre-exist inspection by Anonymous on May 10, 2012 @18:46	[ Reply ]

You probably charge for the subfloor if it needs to be replaced, but you can't charge for the new carpet, or at least not for the full cost. You said the carpet wasn't new in 2008.

Re: pet urine and pre-exist inspection by Walter H on May 10, 2012 @20:09	[ Reply ]

don't be negotuiating charges with existing tenants. let them move out with minimal problems. Lpa advises in the settlement statement description page not to argue with tenants on the way out. in ca the law says you must have a pre move inspection, but it does not say you must at that time determine exact costs of all move out damages and fees you find after they move. So that is why you should wait till they are out and then go in with your settlement statement and add it all up. No reason to make it more complicated than it is.