Landlord claiming cat smell

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graydaisy175

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My cat died in June, the following November my hot water heater started leaking while I was away for thanksgiving. It spent probably a week leaking and when I got home my apartment smelled musty and moldy. My landlord replaced the tank and when I asked about replacing the carpet in the tiny bathroom because of the smell it caused he said to just keep the fan on it so it could dry and it would be fine. I did this and most of the musty smell went away. Last week, 4 months after the landlord was here, he told me he was keeping the security deposit because the apt smelled like cat pee and it was all he could smell when replacing the hot water heater. I reminded him that my cat died in June and that it was from the hot water heater leaking. He became very irritated and said he knew cat pee when he smelled it and the carpet in the entire apt would need to be replaced. I was extremely offended because he then said my apt must have smelt like cat pee so long I don't notice it anymore. My cat was a good boy and never once went anywhere other than his litter box. I'm moving out in May and have been in this apartment almost three years and this is the first he's ever mentioned a cat smell. What can I do to prove my apartment doesn't smell like cat pee?
 
Do you know how old the carpet is? What condition is the carpet in, aside from the alleged smell?
If the carpet is much more than 5-6 years old then you can argue that the carpet falls under ordinary wear and tear, which the landlord can not use your deposit for. If there were specific stains or trouble spots as a result of the cat then it is one thing, but replacing all of the carpet in the apartment is hard to justify. This is a pretty common tactic used by landlords.
When it gets down to it, clean the apartment as best you can when you move, and if the landlord fails to return your deposit to your satisfaction then you can use small claims to let a judge decide.
Take photos of EVERYTHING.
 
Pet owner's often get immune to the odors of their pets.

It is possible that your cat urinated in places other than his litter box.

Cats often start this nasty habit as they age.

Why not the opinions of some disinterested parties?

Friends and relatives generally won't tell you if foul odors emanate from your home.

If I were you, poll a few and see what they say.

Ask them to be blunt and honest, as to certain odors they detect.


After you've asked this question a few times, you'll be in a better position as to what you should do next.
 
The carpet is close to 10 years old. Its in ok condition, a lil discolored. I'm pretty anal and have been since I got here so I've shampooed it at least once every three months or so. The cat never went anywhere other than the box. He would sit by his box and yell until I changed it if it wasnt to his liking. The apartment always had an off smell, I call it the old lady smell but others have told me its just a light musty smell which you dont really get a whiff of unless you open the cupboards. This smell has been here since I moved in and other people I've asked said it does kind of smell but they cant really say of what, which is telling as cat is a very distinct smell.
 
If the carpet is 10 years old you should certainly take up the dispute with the landlord. The water leak into the carpet and the padding beneath is certainly something that could cause a long lasting odor. Replacing this carpet after 10 years can easily be argued as normal wear and tear that your deposit is not intended for.
 
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