State Specific Question About: WASHINGTON (WA)

When my tenant moved in I made it VERY clear verbally, and with the NO PET clause in the lease that I did not want any pets under any circumstances. And I had just put brand new carpet into the unit for their move in.

They violated this clause and I have just now become aware of it. When I confronted the tenant on the phone they admitted having a dog and that it has had several "accidents" on the carpet. I am FURIOUS. They only have a month or so left on their lease. I told him they have two options 1) I could give them a notice that gives them 10 days to remove the pet (he then defiantly stated he would not get rid of his dog) 2) pay additional fee and deposit immediately along with monthly pet fee.

I want to cover all my bases and do this right as I intend to replace carpet (only a year after I put brand new carpet in the unit for $1500) and I want to make sure I don't miss anything that would prevent me from legally collecting what is owed to restore the unit to the condition that it was when they moved in.

Let's get a few fact clear before deciding what to do:

This tenant is combative.

This tenant has already showed they have no problem lying to you (i.e. they violated a lease which is the same as lying). Therefore, it's likely they will lie to a judge.

You will not be able to replace the carpets until they move out. At that time, if the security deposit is insufficient, you will have to ask them to pay. Probably, they won't. You will then have to sue in court to get damages awarded. Then you get to have fun collecting from a liar who is combative.

Do you have proof that carpet was new? Did tenant sign a move-in inspection stating the carpet was new? If not, what's your plan for proving to a judge it was new carpet that was destroyed? Any receipts from the install showing the date? Also, do you have proof there was a pet? Pictures? Video? Or just a pee stain? Remember, this tenant will lie and say it was 10 year old crummy carpet unless you have solid EVIDENCE--not just a phone conversation--that this carpet was new.

Let's say you go to court, and win a judgment...does this tenant have the $$$ to pay, or will you be trying to squeeze blood out of a turnip? In other words, is it worth your time, money for filing a suit, and blood pressure rising going after a lying, combative knucklehead?

I feel your frustration, but it's worthwhile to lay out the situation before committing your time, effort, and tear to what might be a hopeless cause. My first rental I had brand new carpet in it. First tenants were there only 8 months before I evicted for non-payment. They TRASHED the carpet. Destroyed it! It looked like they brought in wheelbarrow loads of dirt, dumped it, then danced on it. I was able to get a judgment for rent owed, but by the time that happened they were gone and their bank account closed. I never was able to track them down for the carpet damages. The security was barely enough to cover the lost rent.

I learned my lesson: get rid of carpet. Too expensive, too nasty, too easy to be destroyed. Consider cheap laminate, Allure vinyl plank, refinished hardwoods, ceramic tile, or VCT. So strong, very durable, easy to fix one small spot when needed (except laminate).

I learned a second lesson: you must get inside your rentals every 90 days. Find an excuse. Changing furnace filters always works for me, or the "quarterly maintenance inspection" outlined in my lease. You cannot wait until month 11 to see what your tenants are up to, or else you get situations like this one.

I do have receipts, the carpet was professionally installed the day before they moved in. I do have a tenant check list stating the condition of the unit/floors etc.

They have good credit and want to buy a home in the near future as they recently got engaged. Yes, if I pursued this legally they could afford to pay, and would in order to preserve credit.

They only recently got the dog, I was informed by other unit owners.

Speaking from experience .... when there our other tenants who know - as in dog when EVERY lease says no pets ... I have learned to follow up to all tenants with a written letter - that you are re-enforcing that there is a no pet policy etc.

You don't need to get into detail - that the violation as been addressed and corrected - especially since they will only have a few months left.

This hopefully puts the brakes on any other tenant getting any bright ideas.

Chelsea, Golly, this is about the 4th post this week reminding me why NO CARPET IN RENTALS is providing us less hassle and more income.

Just think, if it weren't for the new carpet, this woudl just be an inconvenience.

Before you get too excited about ripping out that carpet and having her pay for all new, remember that most court judgments go unpaid. Keep your repair costs LOW.

Start with steam extraction PROFESSIONAL cleaning.

Do not take this personally. It's just normal Stupid Tenant Tricks. Go put eyes on and take pics. It may not be as bad as you think.

I give them 3 days to remove the animal or pay the fees.

Our lease states the fees are retroactive to their move-in date.