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Ray, Lawyer
Category: Legal
Satisfied Customers: 32447
Experience:  29 years in civil, probate, real estate, elder law
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can I withhold rent based on pet stained & moldy carpets

Resolved Question:

can I withhold rent based on pet stained & moldy carpets
Submitted: 4 years ago.
Category: Legal
Expert:  Ray replied 4 years ago.
Thanks for your question.If you withhold rent they can try and evict you in this situation.All you can do here is stay after landlord claiming that he is in breach of lease because the place is uninhabitable.Stay after him here and don't accept anything but clean carpets.It's really your only remedy here.To with hold rent may get you evicted.
Customer: replied 4 years ago.
Carpets are rotted, moldy & pet stained in two rooms. Pursuant to the lease agreement, "if tenant cannot live in the whole leased property because it is damaged or destroyed, tenant may live in the undamaged part of the property and pay less rent until the least property is repaired."

Since I've taken owership of the property on 8/14/10, there's been numerous queries about this but no action by the landlord.

Since I cannot sleep in the bedroom, due to the stench & work effectively in the other room for the same reason, may I deduct rent accordingly for these rooms, and the lack of repair/upkeep on both??

Thank you kindly!
Expert:  Ray replied 4 years ago.
If this is how the lease reads then to me you can make such an argument.You shoudl set this out in letter to landlord and give them two weeks to correct or else here.Argue that this is material breach of lease.Certainly the language gives you support.
Customer: replied 4 years ago.
Would the below letter substantiate such claim?

Dear XXXXXtie:
As you know from our previous correspondence, there are numerous repairs that need
to be taken care of since I moved in on 8/14. To date, the guys came through briefly last
week and did 3 minor repairs and left without my knowledge.

The carpets in both rooms are horribly stained, completely rotted through and moldy
(not to mention smell). I have allergies that I am concerned about, let alone overall
health issues. It has now been over a month and at this point there has been no
indication that these repairs are going to be addressed or carpets replaced.

I would like for you to address these concerns immediately because it is a pressing
health concern while in this apartment. In addition, there are numerous other repairs
that have still not been addressed.

If these issues aren't addressed and resolved within 10 days of receipt of this letter, I
will assume that you wish for me to pay for these repairs and then deduct necessary costs from future payable rent, per our lease agreement

I appreciate your prompt attention to these issues and look forward to hearing from you
in the coming days. Please don't hesitate to call me if you need any clarification or have
any questions.

Expert:  Ray replied 4 years ago.
This is good and its direct and to the point.Send the letter and hope he gets the message.
Ray, Lawyer
Category: Legal
Satisfied Customers: 32447
Experience: 29 years in civil, probate, real estate, elder law
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