[lbo-talk] contract/lease law

[andie nachgeborenen]

This isn't legal advice. I am probably not licensed to
practice in your state anyway, and I don't know what
state you are in. So if you feel that you need legal
advice you should consult with a lawyer in your state
who does landlord-tenant law. All that said, taking
the situation as a hypothetical, as a  matter of
general contract law in every state of which I am
aware, in the ordinary case, the text of the lease
contract trumps. If the contractual language is clear,
and there was no fraud involved in inducing a party to
enter the contract, that's the end of the story. The
courts will enforce the contract as written, and
that's the end of it. The landlord in the hypothetical
is entitled to charge the cat-owning ex-tenant of "for
defleaing, deodorizing, and shampooing." The lease
does not require him to do something that might be
cheaper even if he did it. The charges, in the
contract law of most states, must be "reasonable."
That is, if the landlord charged the tenant $10,000
for cleaning, the tenant would have a case. But if
$250 is what is reasonable (within the normal range of
costs) for cleaning a carpet of that size, then the
landlord can normally charge it. My guess is that the
tenant is probably out of luck. If you want to seek
further, talk to a  lawyer in your own state. There
may be a Tenant's Union or Association that may
provide free or cheap legal aid; the Bar Association
may also providea  brief free consultation.

--- Miike Quenling Ellis <flagrant_sake at yahoo.com>
wrote:
> anyone have knowledge or experience of this matter?
> 
> i just moved out of my apartment, i have a cat and
> my land lord charged
> 250$ for cleaning, de-fleaing, and removal of urine
> odors from the carpet.
> i know for a fact that he replaced the carpet. he
> charged me for cleaning
> because it was much more costly to me that if he had
> charged to replace
> it. just the carpet in the living room had a few
> stains and ciggarette
> burns..i lived there 3 years etc.
> 
> of course on the lease it says he can charge for
> cleaning etc regardless
> of anything. BUT it never in anyway shape or from
> states how much or how
> the charge is determined. almost all other charges
> on the lease are
> determined by what's 'reasonable'.
> 
> this is the text of the lease
> 
> "If an animal has been in the apartment at anytime
> during your term of
> occupancy (with or without our consent) we'll charge
> you for defleaing
> deodorizing, and shampooing.". he specifically
> mentioned the carpet in the
> inventory.
> 
> 'we'll charge you", end of story.
> 
> how does this sort of thing actually work? lawyers?
> cat owners with
> asshole landlords?
> 
> ~M.E.
> 
> 
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