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Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 41220
Experience:  Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.
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I moved into a house and lived with a roommate. We both had

Customer Question

I moved into a house and lived with a roommate. We both had our own rooms. The roommate left and 3 others joined me to live in the same house. We all signed a new lease. The old roommate moved out and because she had the first lease she was given her security deposit back even though she had 2 dogs and the landlord knew it. I moved into the first roommate's bedroom and the urine odor which causes me eye and throat irritation makes me ill. I contacted the landlord and they will not remove or clean the rug. I called a professional carpet cleaner and paid to have the rug cleaned. The odor remains and just walking by the room smells let alone love in it. The landlord won't pay for it, but, that is not a fight I want to have I just need them to replace the carpet because I am having physical symptoms as well as hating the smell. The landlord won't and states we have to pay the new security deposit and if we don't like it move. I can't move and I financially can't move. Is their any recourse? I even asked if I could tear the rug and carpet up and live on the cement and they stated no and that would be destruction of property. I tried to on good faith come to some compromising solutions and they won't consider anything. Do I have any legal rights at all as a tenant renting. I feel this is damaging to my health. I have gone to the doctor who said my eyes are so irritated and perscribed eye drops. The smell is unbearable to my roommates as well and they told the landlord that as the bedroom is off of the kitchen.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

Legally the landlord has a duty to ensure that the premises are 'habitable'. If the premises are unable to be used, you can claim 'breach' and file suit with the courts to compel repairs. But keep in mind that the landlord is also right--he CAN demand a security deposit. Since you do owe him a deposit, failure to pay can permit him to evict, so if you choose to pursue this via the courts (something that you will likely be able to prevail in), paying him a security deposit will likely also be granted to the landlord if he counter-claims.

Sincerely,

Dimitry, Esq.

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