How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ray Your Own Question

Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 30130
Experience:  29 years in civil, probate, real estate, elder law
8534270
Type Your Legal Question Here...
Ray is online now
A new question is answered every 9 seconds

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.

Sincerely,
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: 30130
Experience: 29 years in civil, probate, real estate, elder law
Ray and 5 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
Ray
Ray
Lawyer
30130 Satisfied Customers
29 years in civil, probate, real estate, elder law