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insearchoftheanswer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 55715
Experience:  Lawyer; developer/owner of RE developments.
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I'm having a pre-existing problem with my current Landlord.

Customer Question

I'm having a pre-existing problem with my current Landlord. The previous tenant 4 animals damage the carpet, by soiling the carpet with urine. The landlord change the carpet in the Master bedroom but refuse to replace the remaining soiled carpet. The carpet was cleaned three times and the smell returns after a few days or so. This has been going on for 4 months now. The last time i spoke with the realtor asking for an permanent solution. I was told that they refuse to replace the rest of the carpet and the only way they could do it, is if I would help pay for it. I not responsible for the previous tenant's damages. I'm a disable vet that rented the place on the contingency of the realtor saying they had no problem with fixing, replacing and/or repairing when its due.
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  insearchoftheanswer replied 2 years ago.

Hi there. My name is ***** ***** I look forward to helping you.

You do have recourse here. You do have rights here. With every rental comes the implied warranty of habitability, which includes the tenant's right to the safe, healthy, peaceful and quiet enjoyment of the rented premises. Where you have a situation with old carpet that has been soiled with animals discharge, this directly puts your health in peril. As such, you are clearly not being afforded such enjoyment of the premises....and therefore the landlord would be in breach of the implied warranty of habitability. This puts the landlord in default. This gives you the right to terminate the lease and sue for damages, including the cost of moving plus include reimbursement of a portion of all prior rent to date to compensate for the reduced value of the rental property due to the reduced benefit of the your rental bargain due to the inhabitability. Furthermore, although you have the right to terminate the lease due to the breach, you are not required to do so. Rather, you can file a claim against the landlord for damages due to this breach. Damages would include reimbursement of a portion of all prior rent to date to compensate for the reduced value of the rental property due to the problems, and to either reduce the rent going forward or pay you for temporary living expenses, at the your option, until the problem is fully remediated.

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