Can I have my carpet replaced or break my lease if my living room and bathroom were flooded with sewer water?

Question

My bathroom and living room were flooded with sewer water around 3am on 12/14. I tried to call the maintenance emergency number without any luck and I had to wait until the leasing office was open to get help. Around 2pm the plumber arrived to find out that the sewer pipe was clugged. The pipes were opened and a carpet cleaner came by to suck all the water from the carpet and spray an antimicrobial and left a fan running. My concern is that the underlay was soaked with sewer water and even if everything appears to be dry. I'm sure there's a lot of bacteria under the carpet. I have a 18month old and I'm afraid he can get an infection. Can I break my lease or have management replace the carpet ? Should I call a building inspector?

Answer 1

A building inspector won't help. You could try calling your local environmental health department (it might be called something else in your area). It is basically the health department and ask them if cleaning and antimicrobial spray is good enough.

I too would be worried about the padding and area under the carpet. Try calling another carpet cleaning company for their opinion. If you get responses that it should be replaced, demand that it be replaced and cite you sources. If they say cleaning is good enough, there is nothing you can do.

You can't break your lease unlesss the is enough response saying to replace the carpet and the landlord refuses.

Answer 2

In my experience dealing with insurance claims as a licenced insurance salesmen, ANYTIME the sewer backed up this meant complete tear out of all soft materials (i.e. carpet and underlay, gyproc, ect.) It is costly, but generally everything porous that comes into contact with sewer water is considered ruined from an insurance standpoint, and for health reasons. I would seriously consider moving if the management does not replace all carpet and underlay that was effected. It is also necessary that the subfloor, either wood or concrete, be scrubbed and sanitized, because both are porous and can cause mold problems and such. If you have an insurance policy, it wouldn't hurt to check in to see what it will cover, but ultimately your landlord should be doing all of this.
It might be a good idea also to talk to local building professionals, like an inspector, or a fire and flood cleanup company to get their advise on your situation. With an 18 month old, you certainly do not want to take any chances.

Answer 3

The carpet needs to be completely replaced. A few years ago, the hot water heater in my apartment sprang a major leak, flooded and ruined 50% of the carpet in my 1-bedroom apartment. The apartment complex completely recarpeted the entire apartment at their expense (it's their hot water heater).

Answer 4

You can ask to break your lease OR have the carpet replaced, but be prepared to provide solid evidence that the remediation provided is not adequate in terms of sanitation.

If you cannot substantiate that the condition is unsafe or unhealthy, either request will be denied.

Answer 5

call the health department and see what they say. If they don't think cleaning is enough it is the landlords responsibility to replace any damaged carpet.If he refuses and the carpet is clearly unfit to have then you have grounds to break the lease.

Answer 6

If the water wasn't on the floor very long you could usually hire a steam cleanser with an anti bacterial detergent. a keep vac or shampooer do no longer artwork besides. After wards you could hire a dehumidifier to help dry time.

Answer 7

you are going to need proof beyond your personally opinion to break the lease IE independent third party to certify the danger

Answer 8

Its not the landlords responsibility to provide contents insurance, although "some" do. Contents Insurance would cover the replacement of the coverings.