Can military housing pull up carpet to check for “hidden” stains, simply and mainly based upon having pets and kids?

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Can military housing pull up carpet to check for “hidden” stains, simply and mainly based upon having pets and kids?

The housing is new. Before move-in a carpet cleaning company was here and we were not told that they would be pulling up the carpets upon move-out to check for “hidden” stains (i.e. pet stains, children accident stains, juice stains). Everytime there was an accident and or stain we steam cleaned that area right away, however hidden stains remain underneath. The actual padding is clean, surface carpet is clean, underneath the carpet are remaining stains.

Asked on July 23, 2011 Utah

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to read the written lease between you and the landlord assuming one exists as to what military housing can do or not do. The terms of the written lease control in general the obligations between the landlord and the tenant.

Assuming the written lease says nothing about pulling up the carpet by the landlord to check for hidden stains, most likely the landlord has the right periodically to ask for access to the rented apartment and inspect its conditions. Typical inspections could include looking for staining of the carpet regardless of the fact that children and pets are living in the unit.

The landlord has the obligation to make sure the rented unit is in a safe and habitable condition. Checking for water intrusion and stains is part of the landlord's due diligence to protect his or her tenants from the unit's conditions that may not be in good shape.


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