Tenant's rights - cat urine in rugs
Scott Sheets
Greetings,
My girlfriend and I rented a second floor apartment in November 1997 and
when we were initially shown the place there was an odor of cat urine and
the realtor told us "Oh damn, the previous tenants must have had a cat.
Well, don't worry about it." So we didn't. We moved in and had no odors...
until now. It is 5 months later and getting warm here in Pennsylvania and
an odor of cat urine is very strongly evident in the dining and living
rooms. On some days it is so strong that it can be smelled in the stairwell
leading to the apartment.
I first tried cleaning the carpet myself with a rented carpet machine...no
luck. I then called my landlord, got the secretary, and told her the
situation and that I'd like the carpet cleaned or replaced (I believe that
it will need to be replaced). That was 3 and a half weeks ago despite
several more calls the only response has been "The landlord says he'll take
care of it."
The smell is disgusting. It is in my kitchen and living room. My current
plan is to send the landlord a letter informing him of the problem and
stating that if the problem is not addressed in 2 weeks I will have the
carpeting and pads replaced and deduct the cost from my rent. What further
advice can anyone give me?
Thanks,
-Scott
Clara pegg
I feel for you, knowing what a cat can do to a house. You think the odor
is gone when the humidity is down but when it warms up and the humidity rises
the odor, which is a cat's way of advertising for the rut, returns with a
vengeance. God, what a vile stench it is! I had to clean a house once that
had an unneutered male cat in it. The truth is that nothing short of burning
the house down would get rid of the scent. Hundreds of dollars later I thought
I had the problem licked until the humidity rose---back came the stench.
It's not just in the rug for a male cat; he sprays the baseboard and
everything else in the house. He's not just urinating; he's laying down his
territorial spoor, with glands in his system that produce an acrid mercaptan,
reminiscent of a skunk.
You may never get rid of this odor. Can't you get in touch with some kind
of tenants' organization and apply pressure? I am afraid on your state of
facts the landlord will just try to evict you. What kind of lease did you
sign? You can bet if he provided it it will be full of the boilerplate
language to protect him and not you. Best thing for you to do is get a lawyer.
Or move out. >Clara Pegg<
Phillip R. Hurwitz
On 2 Apr 1998 13:36:05 -0500, "Scott Sheets" <she...@floodcity.net>
wrote:
<snip>
>The smell is disgusting. It is in my kitchen and living room. My current
>plan is to send the landlord a letter informing him of the problem and
>stating that if the problem is not addressed in 2 weeks I will have the
>carpeting and pads replaced and deduct the cost from my rent. What further
>advice can anyone give me?
Your post indicates that you were aware of the problem, but moved in
anyways on the assumption that the problem was abated prior to moving
in.
It sounds like you have your bases covered; just be sure to save all
documentation if your landlord takes legal action against you for
non-payment of your rent. You will have to show the judge what steps
you took to allow the landlord to cure the problem.
Regards,
Phillip R. Hurwitz, Esq.
Rochester NY
DISCLAIMER: The above is offered for the purposes of discussion only.
To pursue your matter, contact an attorney in your community.
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William Marvin
In <6g0lql$2...@panix3.panix.com>, on 04/02/98
>Greetings,
>My girlfriend and I rented a second floor apartment in November 1997 and
>when we were initially shown the place there was an odor of cat urine and
>the realtor told us "Oh damn, the previous tenants must have had a cat.
>Well, don't worry about it." So we didn't. We moved in and had no
>odors... until now. It is 5 months later and getting warm here in
>Pennsylvania and an odor of cat urine is very strongly evident in the
>dining and living rooms. On some days it is so strong that it can be
>smelled in the stairwell leading to the apartment.
Pennsylvania does recognize the "implied warranty of habitability"
which means that a landlord has a duty to provide a place which is, well,
livable. This doesn't mean that a cheap apartment needs to an aesthetic
delight; it goes to serious issues like heat, wind and rain. It sounds
(smells) like you've got a serious enough problem that it could implicate
this rule.
Can't give advice over the net, for the usual reasons. DISCLAIMER:
These comments are not legal opinion or advice, but are offered only for
the purpose of discussion. Do not rely on them for your personal or
business affairs. You should not depend on any legal opinion except from
your own attorney. Your own attorney will know all the pertinent facts,
knows what law to apply, and has a professional duty to you.
But it would be a good idea, if you go ahead with your plan, to keep a
sample of the smelly rug in case you need to convince a judge. What
follows is from a court decision, Kuriger v. Cramer, 498 A.2d 1331, 345
Pa.Super. 595, 607, (Pa.Super. 1985):
A warranty of habitability is implied in all residential leases in
this Commonwealth, by the terms of which the landlord warrants that
the leased premises will be free of defects "of a nature and kind which
will prevent the use of the dwelling for its intended purpose to provide
premises fit for habitation by its dwellers." Pugh v. Holmes, 486 Pa.
272, 289, 405 A.2d 897, 905 (1979). A breach of the implied warranty may
be the basis of a complaint, as well as a defense or counterclaim to a
landlord's suit for rent or possession. See Fair v. Negley, 257
Pa.Super. 50, 54, 390 A.2d 240, 242 (1978). To establish a breach of the
implied warranty of habitability, the tenant must show that "he or she
gave notice to the landlord of the defect or condition, that he (the
landlord) had a reasonable opportunity to make the necessary repairs, and
that he failed to do so." Pugh v. Holmes, supra, 486 Pa. at 290, 405
A.2d at 906. The damages suffered as a result of the breach are to be
measured by an abatement of rent equal to "the percentage [of the rent]
which reflects the diminution in use for the intended purpose[ ]," id. at
297, 405 A.2d at 909, and "there should be no doubt that recovery will
not be precluded simply because there is some uncertainty as to the
precise amount of damages incurred[,]" id.
+----------------------------------------------+
|--William D. Marvin, Esq. ++ wdm...@ibm.net--|
|---------Abington, PA (215) 881-9488---------|
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+---------- http://philatla.org ---------------+
A. Joseph Ross
In article <6g0lql$2...@panix3.panix.com>,
Scott Sheets <she...@floodcity.net> wrote:
>The smell is disgusting. It is in my kitchen and living room. My current
>plan is to send the landlord a letter informing him of the problem and
>stating that if the problem is not addressed in 2 weeks I will have the
>carpeting and pads replaced and deduct the cost from my rent. What further
>advice can anyone give me?
This is very dependent on the laws of each state, and I am not familiar
with the laws of all states. I cannot give you legal advice over the Net,
but I can point out a few things. There may be a local health department
or some other code enforcement agency, which you should call. There are
several reasons for this. First, because they may issue an order to the
landlord to fix the problem. Second, because it is important to have
documentation of the problem. This is especially so with regard to an
odor, which may or may not be present on a particular day.
For example, what if you have the thing fixed and deduct from the rent,
then the landlord takes you to court. He will say there was nothing
wrong. And since you've already fixed the problem, you won't be able to
invite a judge to come down and observe the smell for him or herself. You
can, of course, bring in friends who have smelled it as witnesses, but an
official report that the odor exists is much more credible.
Another reason is that some states have specific laws about making repairs
yourself and deducting from the rent. You can be in trouble if you don't
follow the legal procedures exactly. For example, in Massachusetts, in
order to repair and deduct, you must first have a Health Department
inspection which finds conditions which may impair or materially endanger
your health or safety. Then, if the landlord does not start repairs
within five days and substantially complete them within 14 days, you may
have the work done yourself and deduct it from the rent. But only up to
four months in any twelve months period.
You would be well advised to consult with a local lawyer who is familiar
with landlord-tenant law.
--
===========================================================================
A. Joseph Ross, J.D. 617.367.0468
15 Court Square law...@world.std.com
Boston, MA 02108-2503 http://world.std.com/~lawyer/
Elaine Gallegos
Phillip R. Hurwitz (phur...@frontiernet.net) wrote:
: Your post indicates that you were aware of the problem, but moved in
: anyways on the assumption that the problem was abated prior to moving
: in.
I believe that foul smells in a carpet are not always evident on first
inspection. Some waste odors, primarily cat urine, might not be
noticeable at all when the room is cold, or the carpet is covered with
drop cloths ie. for room painting.
This is not different from a burst sewage pipe inside a wall- there is
no way for the prospective tenant to know that the problem exists. It
shouldn't be the new tenant's problem.
A foul smelling carpet makes the room unliveable.
William Hutchens
wdm...@ibm.net (William Marvin) wrote:
>In <6g0lql$2...@panix3.panix.com>, on 04/02/98
> at 01:36 PM, "Scott Sheets" <she...@floodcity.net> said:
>
>>My girlfriend and I rented a second floor apartment in November 1997 and
>>when we were initially shown the place there was an odor of cat urine and
>>the realtor told us "Oh damn, the previous tenants must have had a cat.
>>Well, don't worry about it." So we didn't. We moved in and had no
>>odors... until now. It is 5 months later and getting warm here in
>>Pennsylvania and an odor of cat urine is very strongly evident in the
>>dining and living rooms. On some days it is so strong that it can be
>>smelled in the stairwell leading to the apartment.
> Pennsylvania does recognize the "implied warranty of habitability"
>which means that a landlord has a duty to provide a place which is, well,
>livable. This doesn't mean that a cheap apartment needs to an aesthetic
>delight; it goes to serious issues like heat, wind and rain. It sounds
>(smells) like you've got a serious enough problem that it could implicate
>this rule.
I have a similar situation; however the kicker is that I rent my
apartment from my employer. Instead of sending the property
management office a monthly check, the rent is automatically deducted
from my paycheck. This makes withholding rent slightly difficult if I
were to remedy the problems with my apartment myself.
If I were to fix the problem myself, is there any way of stopping
payment of the rent other than going to small claims court and
obtaining a judgement for the amount of the repairs?
Bill
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