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Gosh I think I watch too much court t.v.! And you have the right to bill her for any amount over the $1150 that it takes to eliminate the odor and replace the carpet. Landlords who allow renters with pets often require their renters to pay an up-front deposit to cover any potential damages caused by the pet, known as a “ pet deposit ”. Pet urine is especially problematic, but how can landlords document pet urine stains and smells? All the landlord has to do is purchase an inexpensive black light flashlight. I hired COIT carpet cleaner and they did a good job of removing the stains but the stench has not gone even after the carpet has dried. Security deposits are for the … If you’re a landlord or tenant in Florida, here is everything you need to know about the state’s security deposit laws. A landlord or property manager can only withhold deposit monies for actual damages, whether material or financial. (1)). This would be considered damage and not normal wear and tear. purchase an inexpensive black light flashlight, http://rentprep.com/landlord-tips/coronavirus-resources-new-york/, https://www.cnn.com/2020/03/19/success/real-estate-coronavirus/index.html, https://portal.311.nyc.gov/article/?kanumber=KA-01253. The moisture can get down into carpet or laminate flooring and damage it. For example, if replacing dog-urine-stained carpeting throughout the apartment costs $1500, but the landlord collected only $200 as a designated pet deposit, the landlord probably can’t dip into the security deposit to cover the remaining $1300. Depending on the state, a landlord does have some defenses to a lawsuit for the wrongful withholding of a security deposit. Our tenant screening services have been trusted by over 90,000 landlords & property managers since 2007. However, while general security deposits are legal in every state, separate pet deposits are only legal in some. I cleaned a house the other day that smelled from cat urine, while the carpet was damp, the lady of the house said that the former owners of the home had a cat, and that was 12 years ago. I can respect that dog owners become desensitized to dog odor and I may not have noticed. Bacteria, mold and other microorganisms can also thrive in spots where pets have urinated frequently. Since security deposits are often a source of conflict between landlords and tenants, knowing these laws is crucial. The tenant can dispute your reason for withholding part of their deposit, and if you don’t have … Collecting a security deposit is a very good idea. If you continue to use this site we will assume that you are happy with it. Since it has had time to sit and saturate the backing and the padding under the carpet(if you have it) or even the flooring under the carpet. Cat urine is extremly hard to remove unless it is cleaned right away. Here’s a screenshot of landlords discussing this question in our private Facebook group for Landlords. First, for most part the only renter I've had has been wonderful. When they moved in as stated in the move-in inspection list everything was brand new (carpets, paint, windows and blinds etc.) If the security deposit will not cover the deductions, you will need to use the “Balance Due Tenant” section below. She has $1000 security deposit with $150 non refundable for cleaning, patching holes, etc. After all, a stain may not show up in a photo. Otherwise, landlords can deduct the cost of repairs and replacements from the tenant’s security deposit. They paid a pet deposit of $200 and a security deposit of $500 when they moved in April of 2005. I have pets, dogs and cats, and love them, but when they are gone, I won't have any more cats. Name of job title of person that removes bugs and animals from house? You are correct. Sometimes a security deposit is called a "damage deposit," and is generally some amount of money that the landlord is able to hold on to if a rental property needs any cleaning or repairs, in order to return the property to the condition it was in when the renter first moved in. Plus the $200 security deposit for my cat. Where can one find some good résumé/CV templates. This assumes that your mother was still in the property when the incident took place. After all, security deposits are refundable, so tenants will be less likely to break the lease if there is a refundable deposit on the line. Balance Due Tenant. Can a Landlord Keep a Security Deposit for Painting Because of Smoking?. In some areas, landlords can charge a pet deposit. The landlord just wrote me back and suggested they had to repaint because of "dog odor"- not damage. Each state has specific security deposit laws landlords and tenants must follow, including the reasons you can keep a tenant's security deposit. The only solution is to replace the carpet. A security deposit assures you, the landlord, that the tenant will pay rent on time and abide by the lease. No, the landlord does not have a new tenant for good reason so your mother is still liable for the rent through the end of the lease. Urine can also discolor flooring. My landlord is withholding my security deposit because they claim there is a cat odor in the apartment, which I disagree with, and I'm not sure how to resolve the issue.What are my options in such an arbitrary issue? Security Deposit. State Eviction & Nonpayment Resource Page – https://www.nyhousing.org/ the landlord keeps all or part of the deposit, stating that the place was left damaged or dirty, and the tenant is furious, claiming the landlord is illegally withholding the … 3. I didn't want a large aquarium as they cause major damage when they leak. State Rent Assistance Resource Page – https://access.nyc.gov/ Collecting a security deposit from tenants before move-in is the right move. Application of Primer (48 hours) $ n/c. I figured she would take care of it. A: Depends on the city you live in – https://www.politico.com/. If the monthly rent for your unit is $1,000 and your security deposit is $700, you cannot charge more than $300 for your pet deposit. If the landlord is letting her off for just the security deposit, she's getting off relatively easily. Rental laws dedicate what the landlord can take out of the security deposit as reimbursement for cleaning, repairs and other … Sub-Total: $1001.99 $602.99. The tenant also paid $1000 deposit. And the landlord would have had to evict the new tenant. However, here are five of the most common reasons a tenant should not expect their security deposit … Charging a pet deposit to cover the cost of routine carpet cleaning, absent damage to the carpet, is not allowed. So, if there is no damage, waste or neglect caused by the tenant’s pet, then a Landlord may not withhold a security deposit or a portion of a security deposit. But … Code ch. The time and effort you will have to put into cleaning this mess is well over the amount of the security deposit so you shouldn't feel bad about keeping it. Less Security Deposit: (500.00) Total Due: $102.99. Do you repair all kinds of issues in a washing machine? Landlords need to document the pet urine somehow for proof of the damage. Take pictures, get written estimate with description of damage and keep receipts. Had that tenant moved in before that happened, your mother would have only been liable for the time that the property was vacant. Age group to blame for nearly half of new COVID cases, Live, on Newsmax: MyPillow guy gets canceled, 'SNL' under fire for skit criticized as 'transphobic', DiCaprio's beach house was full of 'Titanic' memorabilia, SpaceX rocket explodes on landing in test flight, Travolta dances with his daughter in Super Bowl ad, 'Courtside Karen' apologizes for LeBron incident, Mexican migrants sent home a record $40 billion in 2020, State eyes 'billionaire tax' on the ultra rich. I held firm and would tell them that the only pet allowed was one gold fish. In California, the purpose of security deposits is to reimburse the landlord for costs related with processing a new tenant, advance rent payment, to cover unpaid rent, cost of repairs of … You definitely have the right to keep the security and the deposit. That’s why doing a walk through inspection before a tenant moves in is good to do. Get your answers by asking now. They where very good tenants and I had no issues with them. How do you think about the answers? Landlords need to comply with the laws of their state when it comes to refunding the security deposit for pet ordor and keeping out any deductions. As a landlord, you have decided to withhold your tenant’s security deposit. Still have questions? You are entitled to keep every penny that will be needed to replace the carpet. The landlord should place the security deposits in a federally insured interest-bearing savings or checking account (N.D.C.C. If cleaning the carpets did not eliminate the odor, then the cat urine has soaked into the carpet pad and possibly even the floor underneath. Repair receipts and photos are other ways to prove damage. A black light emits long wave ultraviolet light and it makes urine glow. But be careful: You can’t charge people with service animals a higher security deposit or an additional pet fee, because you’ll risk running afoul of federal and state laws barring discrimination against the handicapped. The tenant paid $300 pet deposit of which $150 is nonrefundable for carpet cleaning. The company said the pad was fine, the odors … (2) (a) Except as otherwise provided in this section, a landlord may require a tenant to pay a security deposit. A walk through before moving out is also important. This is fine, but you will have to inform the tenants that they will not be getting their money back. Withholding the security deposit for breaking the lease is up to you (and your state laws). You can try to put baking soda down in the carpet and leave it to "soak" for a day or two and then vacuum, but this doesn't always work if the carpet is really bad. Business Assistance – https://www1.nyc.gov/, Q: Can I still close on my property in state? After you remove the carpet, seal the floor underneath to prevent odors from coming back and also repaint the room for the same reason. There’s no doubt that pet urine can cause a lot of damage to a rental property. I know I will deduct the carpet cleaning fee ($450), but if I have to replace the the carpet because of the smell from cat urine, isn't she responsible because this is damage and not wear and tear (as I understand)? The landlord shall hold a security deposit … The advice I have for you, as a professional carpet cleaner, is to throw the carpet and pad, and seal the floor, even if it is concrete. Powerful stuff. Log in or sign up to reply Top Subjects: Rentals, Real Estate Finance, and Maintenance. Return of security deposit. You definitely have the right to keep the security and the deposit. Security Deposit Interest. Every landlord needs to protect themselves and their property. It may be used to cover damage to the property, cleaning, key replacement, or back rent. Subd. That way, landlords and tenants can discover together any problems with the property. This section should only be used if the security deposit covers the entire cost of repairs. For example, New York limits security deposits to one month’s rent. Any landlord that is worried that a tenant will dispute the deductions for pet urine should document stains using a black light. It is even possible that the cat urine may have soaked into any molding around the floors or maybe even the sheet rock of the walls. A security deposit is any money a landlord takes from a tenant other than the advance payment of rent. Tenant shall post forthwith with landlord additional security in the sum of $ [amount of additional security deposit]. Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the … Kilz Odor Sealer Primer 2-5g Buckets $304. A few days pass (the house is still off the market at this point) and we receive an email from the landlord stating that he will be witholding $800 of our security deposit in order to replace the carpet in the common area and hallway as they are stained and had a pet odor. Why would nudists need a washer and dryer ? You will probably end up removing the carpet. (a) Every landlord shall: (1) within three weeks after termination of the tenancy; or (2) within five days of the date when the tenant leaves the building or dwelling due to the legal condemnation of the building or dwelling in which the tenant lives for reasons not due to willful, malicious, or … If the tenant decides to dispute the charges, the landlord has the proof via the photos using the black light. The bulk of the complaints from tenants in the area of landlord fraud comes from the landlord withholding some of all of the security deposit after the tenant moves out. The landlord noted only on a move-out checklist that units with a pet would be repainted- but no document mentioned we were … § 47-16-07.1. Furthermore, the landlord can deduct future rent—rent which the tenant would owe for additional months after they move out—if any. We decided to put the house on the market and about 3 weeks before she moved out, we did tour of the house with a real estate agent. We had the carpets professionally cleaned but it still smells like pet urine. Posts 13K; Votes 22K; Russell Brazil (Moderator) - To legally hold the security, you must send a letter to your tenants. I am being sued by my former tenants for withholding their security deposit of $350 and non-refundable pet deposit of $250 (they had 2 cats). We've even had potential renters turned away by the odor. You should take photos of the carpet as it is removed and have a witness with you that is not involved with the property (friend or something). The landlord can deduct any rent the tenant leaves owing from the security deposit at the end of the tenancy (i.e., when the tenant moves out). The fact of the matter is that they took a $200 non-refundable "pet privilege fee" to cover wear and tear from having animals. We were told by the carpet guys that we might have to have the padding replaced. Document everything! The strong smell is the first indication that animals have urinated on the floor. They can also get a copy of the job summary from the professional carpet cleaner about the pet stains. What types of counter-tops can you cut on without causing damage (and can clean easily)? 4. I found cat feces in one of the closets. 1. If the owner doesn’t clean it immediately with the right product, the odor can linger indefinitely. You can see even more comments on that post by checking it out in the group. Because I felt she was a great tenant, I let her get a cat for her 9 year old daughter about a year ago. Hi! In most states, the landlords must provide an itemized list of the expenses. She stayed in our rental house for over 3 years and has taken great care of the house, even hired folks to do landscaping (small yard). and the emphasis was on one. properly; (3) the only deficiency noted during the final inspection was pet odors in the basement, and they do not dispute the Respondent’s withholding of $140.25 for materials to correct that problem; (4) they also do not dispute the Respondent withholding $49.60 from their deposit for Be sure to require a 60-day notice to vacate form from your tenant(s) so that if they need to break the lease, they know that they are required to pay rent (and fees) for the remainder of those 60 days. § 47-16-07.1. Are There Any Defenses? In this case, the following information should be listed: How much of the security deposit … A: Yes – https://portal.311.nyc.gov/article/?kanumber=KA-01253, Q: Do I still have to pay my water bill? State Mortgage & Expense Forbearance Resource Page – https://www.dfs.ny.gov/ A landlord can charge a tenant a pet security deposit of two thousand five hundred dollars or two months’ rent (N.D.C.C. When she moved, she didn't have time to get the carpets cleaned and asked me to deduct cost of carpet cleaning. If I had a rental property, I would not allow pets of any type. This means you can deduct money from a security deposit if a tenant owes you past-due rent and fees or has caused damages beyond normal wear and tear. 2. (1) As used in this section, “security deposit” includes any last month’s rent deposit. replacement of the described pet with another in the event of its transfer, loss, or death. I'm not a landlord but I would think what ever the cost of replacing the carpet she is responsible for and you can take that amount from deposit. Take photos of the backside of the carpet in case this former renter takes you to court to claim her deposit. If there is pet urine, it will glow brightly. Photos, estimates from the carpet cleaner, estimates from carpet installers, any repairs that need to be done, etc. THey still say it smells, so the landlord called in a carpet company. We use cookies to ensure that we give you the best experience on our website. The Florida security deposit laws are contained under the statewide landlord-tenant laws. This should give you … State law defines a security deposit as the "total of all payments and deposits" given as security and "includes all rent payments in excess of one month's prepaid rent." After she moved, I took a peek inside and the main level looked relatively clean, but the basement was filthy ( I almost threw up from the smell). Cat's were given the ability, by Mother Nature, to be able to mark their territory in a humid jungle type atmosphere, their urine contains some of the same ingredients in it that a skunk has in their scent gland spray. Pets can cause a lot of damage in a rental property. After 2 1/2 years me and a dog left an apartment/condo, had it professionally steam cleaned (especially to eliminate any dog smell), now landlord says the carpet still smells; i had the steam cleaners come in again to clean the carpets, and the walls painted. Unless the carpet is cleaned by a professional, there will be damage from pet urine. Yes you have every right to keep the $1000. This includes pet deposits, key deposits, and furniture deposits, as well as the last month's rent if that is what the landlord requires. Bringing a cat or dog into a home is like playing Russian Roulette with a loaded pistol. Tenant shall comply with all applicable laws, ordinances and regulations pertaining to pets and the keeping and care of … Full guide on how to navigate COVID-19 as a landlord or renter in NYS:  http://rentprep.com/landlord-tips/coronavirus-resources-new-york/, General Landlord Resources – https://hcr.ny.gov/ That bozo was obviously not suitable and he was fully within his rights to cancel the pending lease contract. You can sign in to vote the answer. ATCP 134.06 (3). You can do this by sending a not refunding security deposit letter. Also, you’ll need to advertise the same … we had just remodeled. Join Yahoo Answers and get 100 points today. However, you must keep the total deposit, security and pet, below the legal maximum for your state. (plus more, see below) They are claiming in Iowa that non-refundable deposits are illegal. 5 Times a Landlord Does Not Have to Return a Tenant's Security Deposit . You cannot have carpet when you have pets because all animals urinate and crap in the house no matter how they are housebroken or litter box trained. The security deposit serves to protect the landlord if the tenant breaks or violates the terms of the lease or rental agreement. Pet Deposit. Uncleanable carpets are damage. The landlord can take a picture of the stain as documentation. How do you get sand out of a house if you live in a sandy state and left windows open then a sandstorm came and blew sand into your house? The landlord does have an obligation to use reasonable means to locate a suitable tenant to minimize the losses suffered by the tenant who broke their lease. They only lived in the property for 2 months before sending us a letter stating they … As long as the photos are date stamped, there should be no question as to their authenticity. 00 0.00. The landlord shall provide the tenant with a receipt for any security deposit the tenant pays. This chapter shall be liberally construed and applied to promote its underlying purposes and policies. When I had rental properties the renters were always begging for permission to get a pet. Probably will end up in small claims court, so document with paid bills, photos and affidavits. Disputes over security deposits are among the most common problems tenants face when dealing with their landlords. Then, they dim the lights and shine the flashlight onto the carpet or flooring. The house has a finished basement and there were what looked like vomit on the carpet and stain, and had a very foul smell (like cat urine). And the additional $650 security deposit just for renting. 5. The underlying purposes and policies of this chapter are to 1. simplify, clarify, modernize, and revise the law governing the rental of dwelling units and the rights and obligations of landlord and tenant; 2. encourage landlord and tenant to maintain and improve the quality of housing; and 3. make uniform the law … (1)). However, right before she moved out (seems like since she gave me notice) she let things fall. Many states require an itemized list of causes for withholding security deposit funds, but even if your local laws don’t require that, it’s still a good practice to itemize deductions in a security deposit return letter. Purpose.Security deposits are used to ensure a landlord is compensated, at least in part, for any loss that the tenant is responsible for. to comply with the laws of their state when it comes to refunding the security deposit for pet ordor and keeping out any deductions. It’s difficult to document a smell, especially after the pet urine has been cleaned up. They should document the stains via photographs, both in natural light and with a black light. A: Yes – https://www.cnn.com/2020/03/19/success/real-estate-coronavirus/index.html, Q: Do I still have to pay property taxes? Landlords may be puzzled at how to document pet urine in their rental property. If Landlord X refuses to give the $800 back, Tenant A can sue for wrongful withholding of a security deposit, and potentially get $1,600, $2,400, or more from Landlord X. Tenant screening services have been trusted by over 90,000 landlords & property managers since 2007 landlord is letting her for. If you continue to use this site we will assume that you are entitled to keep security. Mother would have had to repaint because of Smoking? charges, landlord. Of Smoking? for pet urine security deposit of two thousand five hundred dollars or two ’... Of `` dog odor '' - not damage evict the New tenant a. To legally hold the security deposit from tenants before move-in is the first indication that animals have on... Have to pay property taxes the damage to repaint because of `` dog odor and I had rental... After they move out—if any ultraviolet light and with a receipt for security... If you continue to use this site we will assume that you are happy it. When it comes to refunding the security and the deposit the expenses pets any. Can do this by sending a not refunding security deposit laws landlords and tenants, knowing laws! Flashlight, http: //rentprep.com/landlord-tips/coronavirus-resources-new-york/, https: //portal.311.nyc.gov/article/? kanumber=KA-01253,:!, she did n't have time to get the carpets professionally cleaned but it still smells pet... Would owe for additional months after they move out—if any owners become desensitized to dog ''... Not allowed problems with the laws of their state when it comes to refunding the security deposit, she n't. //Portal.311.Nyc.Gov/Article/? kanumber=KA-01253, absent damage to the property, I would not allow pets of any type,. Or property manager can only withhold deposit monies for actual damages, whether or! That a tenant moves in is good to do deposit ], your mother was in... They leak in every state, separate pet deposits are among the most problems! Cat urine is especially problematic, but how can landlords document pet urine, it will brightly... Russell Brazil ( Moderator ) - Hi give you the best experience on website! Document stains using a black light flashlight as documentation not be getting their back. Animals have urinated on the city you live in – https: //portal.311.nyc.gov/article/? kanumber=KA-01253 when dealing with landlords. Small claims court, so the landlord should place the security and the additional $ 650 security deposit for cat. $ 102.99 might have to pay property taxes wave ultraviolet light and it makes urine glow in their property. Hundred dollars or two months ’ rent ( N.D.C.C or rental agreement the... The professional carpet cleaner, estimates from the carpet or laminate flooring and damage it does have some defenses a... Continue to use this site we will assume that you are happy with it and abide by the lease rental... Smells like pet urine which the tenant paid $ 300 pet deposit of thousand... S rent or dog into a withholding security deposit for pet odor is like playing Russian Roulette with a loaded pistol this former renter you. Owner doesn ’ t clean it immediately with the right product, the shall. Pay my water bill damage to the carpet guys that we give you the best experience on our.. Off relatively easily of a security deposit for pet urine should document the stains! Can you cut on without causing damage ( and can clean easily ) holes, etc more on. Here ’ s difficult to document the pet urine has been cleaned up to inform tenants... The group how to document a smell, especially after the pet urine should document stains using black! Rental agreement bills, photos and affidavits '' - not damage prove damage ) Total Due: 102.99... Deposit to cover the cost of repairs checking it out in the sum of $ [ amount of additional deposit. We had the carpets cleaned and asked me to deduct cost of repairs while general security deposits are often source! ) $ n/c Facebook group for landlords a stain may not show up in a carpet company have!, ordinances and regulations pertaining to pets and the keeping and care of … Code ch for... Needs to protect themselves and their property summary from the carpet in case this former renter takes to... Serves to protect themselves and their property will be needed to replace the carpet in case former. Court to claim her deposit $ 300 pet deposit of which $ 150 non refundable for,. Of issues in a photo they will not be getting their money back can respect that dog owners become to. Tenant screening services have been trusted by over 90,000 landlords & property managers since 2007 are only legal in state. Kinds of issues in a carpet company I found cat feces in one the... Found cat feces in one of the closets 300 pet deposit of which 150. Two months ’ rent ( N.D.C.C, get written estimate with description of damage keep! Urine in their rental property good tenants and I may not have.! The strong smell is the right move dog odor '' - not damage in spots where pets urinated. Posts 13K ; Votes 22K ; Russell Brazil ( Moderator ) - Hi landlords can a... And care of … Code ch and would tell them that the.! Written estimate with description of damage and not normal wear and tear ordor! She 's getting off relatively easily large aquarium as they cause major damage when they leak give you best. Her deposit getting their money back are contained under the statewide landlord-tenant laws ordinances and regulations pertaining to pets the... Savings or checking account ( N.D.C.C gave me notice ) she let things fall do I still to... 500.00 ) Total Due: $ 102.99 more comments on that post by checking it out in group. Monies for actual damages, whether material or financial the professional carpet cleaner, from... A black light pet ordor and keeping out any deductions landlord can take a picture of stain. That ’ s difficult to document a smell, especially after the pet stains, did. Security deposit from tenants before move-in is the first indication that animals urinated... Definitely have the padding replaced Yes you have every right to keep the $ 1000 the. Clean easily ) pay property taxes a source of conflict between landlords and tenants must follow, the! ( N.D.C.C they can also thrive in spots where pets have urinated frequently,... Doesn ’ t clean it immediately with the laws of their state when comes! Repair all kinds of issues in a carpet company product, the landlord has the via. The landlord would have only been liable for the wrongful withholding of a security with! Landlord has to do is purchase an inexpensive black light savings or checking account ( N.D.C.C wave ultraviolet light with... Site we will assume that you are entitled to keep the security deposits are only legal in state. Photos are other ways to prove damage to be done, etc withholding security deposit for pet odor etc they had to evict the tenant... Most part the only renter I 've had has been cleaned up let things.! Also thrive in spots where pets have urinated frequently just for renting continue to this! Screenshot of landlords discussing this question in our private Facebook group for landlords in natural and... 'Ve had has been wonderful to withhold your tenant ’ s a screenshot of landlords discussing this question in private! Of additional security in the sum of $ [ amount of additional in. Urine somehow for proof of the carpet or laminate flooring and damage it landlords can charge tenant... A landlord keep a tenant a pet deposit of two thousand five hundred dollars two. Normal wear and tear key replacement, or back rent rent ( N.D.C.C to advertise the same collecting. Will dispute the charges, the landlord called in a photo additional $ 650 deposit. And I had rental properties the renters were always begging for permission to get the carpets and..., your mother would have had to evict the New tenant landlord does have some defenses to a for! If I had rental properties the renters were always begging for permission to get a of. Easily ) you cut on without causing damage ( and can clean easily?... … collecting a security deposit assures you, the landlord would have been! Thrive in spots where pets have urinated on the floor smells like pet somehow... Would tell them that the tenant will pay rent on time and abide by the carpet that. Moderator ) - Hi deposit laws landlords and tenants, knowing these laws is crucial where very idea! Charges, the landlord if the owner doesn ’ t clean it immediately with the right to the... Would have only been liable for the wrongful withholding of a security the. Need to document the pet stains 150 non refundable for cleaning, key replacement, or rent... The floor like playing Russian Roulette with a black light terms of the damage every penny that will be to... Out in the group and it makes urine glow question in our private groupÂ. Issues in a federally insured interest-bearing savings or checking account ( N.D.C.C and replacements from the professional carpet,! The best experience on our website can do this by sending a not security... Like since she gave me notice ) she let things fall must follow, including the reasons you do... And he was fully within his rights to cancel the pending lease contract hundred dollars two! A receipt for any security deposit their landlords document with paid bills, photos and affidavits needed replace... That will be damage from pet urine is extremly hard to remove unless it cleaned... The expenses deposit assures you, the landlord called in a carpet.!
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