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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 28356
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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We are renting a house in San since July 2016. We love the

Customer Question

Hello there, We are renting a house in San Jose since July 2016. We love the location of the house but we have an issue with the carpets. Our landlord got the carpet cleaned before we moved in. We had told the landlord that my son and I have allergies and we need to get is cleaned. After we moved into the house, my son and I started having cough, sore throat and sneezing most of the time. We later found out the previous tenants who lived in the house for three years never vacuumed the house since they did not have a vacuum. This was not mentioned to us before we entered the lease. I got a air purifier in my son's room and his condition is little better than before. I still suffer from allergies symptoms which are making me sick. I vacuum two times a week, the house still feel dusty and dirty. I can smell the dirt when i am vacuuming. Do I have any options to get out of the lease as I can not take it any more? The landlord seems to be nice but I am not sure how he will react to this. We also had issues with roaches, bugs, sewer etc since we moved in, he tried to resolve the issues but these are not completely gone either.
Thank you.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  RealEstateAnswer replied 1 year ago.

Sorry for the delay. Do you know if the landlord had the carpets professionally cleans prior to moving in, as agreed? Also, how do you know the previous tenant never cleaned them?

Customer: replied 1 year ago.
The carpets were wet when we moved in. We assumed that it was professionally cleaned. The landlord himself told us after the move in that the previous tenants did not own a vacuum and did not clean the carpets and did not have house cleaning service either. He said he gave us the house because we were clean freaks.
Expert:  RealEstateAnswer replied 1 year ago.

Thank you. The landlord has a legal obligation to make sure the rental is move in ready, upon possession. In a case like this, if he knew they never cleaned it, he needs to make sure the carpet was properly clean and if this was not done for 3 years, should have been professionally done. If he did not ( and you should ask) you can request that he bring in a company to do it at this time, as a result of what you and your son are suffering. If he is aware of this and corrects it, after being placed on notice, then there would be no legal basis to break the lease. Now, if he fails or refuses to do so you can show the rental is not habitable, then you could vacate but would want to get a 3rd party inspection to verify this, so you have evidence.

Expert:  RealEstateAnswer replied 1 year ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  RealEstateAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!