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Can I move out of my place if the land lord failed to tell…

Customer Question
Can I move out of...
Can I move out of my place if the land lord failed to tell me that there was a dog living on the premises prior? When I did the walk through to view my condo the condo had a smell too it but it wasn't that bad seems like it wasn't rented for a few months. Then when I moved in and did the inspection I found pet hair all over the carpet and the odor is ridiculous . The landlord had the carpets cleaned however they did not remove the pet hair and strong odor from the house the carpet is the same from the last tenant. Just yesterday he had some cleaner guys come by and spray some stuff around my furniture on the floors and had a pet hair rack. After coming home the following day the smell is still there and there's still some pet hair. I've gotten sick recently and I'm concerned it's from staying in the condo from allergies. Is this a breach of implied inhabitabity? Can I tell him the smell is not gone and find somewhere else to live?
Submitted: 11 months ago.Category: Landlord-Tenant
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Customer reply replied 11 months ago
That photo is some of the hair that came out of the rug doctor I rented to get rid of the pet hair myself. I also have film of rolls of sticky tape from the pet hair I cleaned off the carpet. I read on another web site that says you have to take the carpet up and scrub pet urine out. The landlord pretend that he didn't know that there was a pet but the guys that came to spray that chemical said that the smell was way worst when they cleaned the first time, so he knew he just didn't say anything.
Answered in 2 hours by:
9/16/2017
Lawyer: barristerinky, Attorney replied 11 months ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 43,066
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Unfortunately the smell of an animal in the dwelling wouldn't make it uninhabitable so as to give you legal grounds to terminate the lease. If the odor was there when you initially viewed the condo, it would have been up to you to decide if you actually wanted to live there or not or demand that the landlord get rid of any odor prior to moving in.

.

With that said, if you were to decide to breach the lease, the landlord would have a legal duty to mitigate his damages and attempt to rent to someone else. He could then only hold you liable for any lost rent until he did so. So if it took a month or two to rent it, that is all he could hold you liable for.

.

.

thanks

Barrister

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Lawyer: barristerinky, Attorney replied 11 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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