We just rented a house. The carpet is obviously dirty and needs to be replaced....?

Question

The last tenants had animals and the smell is horrible! We cleaned the carpet twice (professionally) and the smell is still there. Is the landlord responsible for replacing the carpet? Our landlord stated he will raise the rent if he replaces the carpet. We have a 6 month old baby and are worried about the health risks. We are afraid to put her on the carpet to play. What are our tenant rights with this?

Answer 1

You can check with your states attorney generals office, each state should have a rights of tenants and landlords.
If the problem is bad and is a health risk issue, you may contact the health department, get a written statement from them, if the statement is in your favor, send a copy of that to the landlord asking to get the carpet changed out, if he refuses, you may put your rent in escrow and take it to court.

Each state may be different for the process of putting rent in escrow, but it will tell you that in the book.

If you want a quick glimpse, search on your state and tenants and landlords rights, it should pop up.

You may also call your local renters union.

I hope this helps you hon.
And I can't blame you for worrying.
s

Answer 2

If the smell is from pet urine and resisted steam cleaning, it's in the pad underneath the carpet, and simply isn't going to come out.

That's the carpet you rented, so forcing him to replace it is going to be difficult. You have limited options.

One, you can agree to the increased rent for the new carpet.

Two, you can just live with it.

Three, if your state recognizes "constructive eviction", you can demand that it be changed, and invite all your friends over to be witnesses of how bad it smells, and when he doesn't change it, break the lease. When he sues you for breaking the lease, you claim that you were forced to move by the condition of the dwelling, which he knew about and refused to correct. He may or may not be able to refute that claim by having given you the option to pay extra for a new carpet.

See an attorney before trying option three.

Answer 3

I think it depends in what state you live in. I'm not sure if the laws are federal laws or each state has their own laws. You can try to do some research on the internet or some lawyers will give you free legal advice regarding this matter. The link below is a check list for the state of california. These are all the things that can make a home inhabitiable.

http://www.caltenantlaw.com/Habitability.htm
This is what it says about carptes:
Carpeting not mildewed, moldy,
smelling of animal defecation
or urine, or otherwise unsanitary

But again you need to do your research for your own state.

Hope this helps you out.
This is what it says about the carpet:

Answer 4

You can consult a lawyer, but I don't think you have much of a case since you voluntarily rented it in that condition. See if your lease offers you any remedy.

Answer 5

this is your problem you will need third party testimony that the carpet is so bad that you need to break the lease

Answer 6

better have made a note of that condition, on your rental agreement, or you'llbe buying him a new carpet when you leave....