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My landlord insist that carpet is placed in my bedroom,

Customer Question
My landlord insist that...

My landlord insist that carpet is placed in my bedroom, after I specifically told her at the begging of my least that my child is severely asthmatic and has a number of allergies. My lease was up in July and she did not provide me a new one, no matter how much I asked. What's the best thing to do?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No

Lawyer's Assistant: Where is the property located?

Jersey City NJ

Submitted: 6 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
12/25/2017
Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,895
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Welcome and thank you for your question. I will be the professional that will be assisting you.

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Customer reply replied 6 months ago
What are my options in my situation
Customer reply replied 6 months ago
no, give me the answer here
Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago

If you were under a clear understanding with the landlord that carpet would be a health issue for your child the landlord needed to make reasonable accommodations for your child's asthma. Have you written the landlord a letter certified mail return receipt requested stated that your child cannot live in a room with carpeting and that if reasonable accommodations are not made you will need to terminate the lease?

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Customer reply replied 6 months ago
I sent her text message
Customer reply replied 6 months ago
Can I just move or will I be accountable for any future rent.
Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago

"no, give me the answer here" Please ignore any telephone call request. The site generates the request this did not come from me and it will be my pleasure to continue in this format.

You must first send a letter certified mail return receipt requested so you have proof for court. Let me provide the laws for you.

One moment please.

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Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago
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Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago

Tenants rights to repair and deduct: https://www.nolo.com/legal-encyclopedia/new-jersey-tenant-rights-withhold-rent-repair-deduct.html

"New Jersey tenants are legally entitled to rental property that meets basic structural, health, and safety standards and is in good repair. If a landlord fails to take care of important maintenance, such as a leaky roof or a broken heater, you have several important legal rights, including:

  • the right to withhold rent until repairs are made, and
  • the right to “repair and deduct”—that is, to hire a repair person to fix a serious defect that makes a unit unfit (or buy a replacement part or item and do it yourself) and deduct the cost from your rent.

What Justifies Tenants Paying Less Rent in New Jersey

Before you can withhold rent or use the repair and deduct remedy, make sure that the circumstances justify you paying less rent and that you comply with state legal requirements on things like notice you must provide your landlord. Check New Jersey state law (see resources below) on the following:

  • the type of repair and habitability problems that qualify for rent withholding or repair-and-deduct (the carpet is unhealthy)
  • the type of notice you must give the landlord and the amount of time the landlord has to fix the problem before you can withhold rent or use the repair and deduct remedy
  • the limit on how much rent you may withhold or deduct and how often you can use a particular remedy
  • your protection from landlord retaliation, such as a termination notice or a rent increase, for exercising your legal right to pay less rent because of a habitability problem, and
  • any other conditions that apply before you can withhold or deduct rent, such as a requirement that you pay rent into an escrow account.

New Jersey Guide to Tenant Rights

For an overview of New Jersey landlord-tenant law, including your rights to habitability and options for getting your landlord to make repairs, see http://www.lsnjlaw.org/publications/pages/manuals/tenantsrights.pdf."

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Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago

Send a letter certified mail return receipt requested stating that the landlord was aware of your child's health condition and made assurances to you that this would not be a problem You rented the proper in good faith believing this would be addressed. Either the landlord rectifies the situation or you can remove the carpet (after providing the landlord notice). You can also terminate the lease based on the landlord's failure ti accommodate. Where in NJ are you located so I cab provide a link for local Attorneys that provide FREE consultations in the area that can assist if it becomes an issue?

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Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago
Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you. If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund. You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out. Can you see the rating scale on your end, 5 stars? Thank you for your consideration.
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Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago

Are you still online with me?

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Customer reply replied 6 months ago
Can i just move since my lease was not renewed
Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago

If your lease expired you become a month to month tenant and you would give the landlord 30 days notice to terminate.

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Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago

How long did you live with the situation?

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Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago

"Notice Requirements for New Jersey Tenants

It is equally easy for tenants in New Jersey to get out of a month-to-month rental agreement. You must provide the same amount of notice (one month) as the landlord (unless your rental agreement provides for a shorter amount of notice). Be sure to check your rental agreement which may require that your notice to end the tenancy be given on the first of the month or on another specific date.

"In some situations, you may be able to move out with less (or no) notice—for example, if your landlord seriously violates the rental agreement or fails to fulfill legal responsibilities affecting your health or safety." https://www.nolo.com/legal-encyclopedia/new-jersey-notice-requirements-terminate-month-month-tenancy.html

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Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago

You can leave early by sending a certified mail return receipt requested letter letting the landlord know you are leaving earlier than 30 days due to health and safety issues.

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Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago

Are you beyond the terminate date? Are you online with me?

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Customer reply replied 6 months ago
I lived in the apartment for two and a half years without any such request. About three months ago a new tenant moved in and complained about noise, so she said she must put carpet. I refused and two days ago received a letter from her lawyer saying I am in violation of my lease if I refuse to put the carpet.
Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago
When does or did the lease term end?
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Customer reply replied 6 months ago
July 1st 2017
Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago
Thank you for the clarification. Even though you did not renew the lease you are on a month to month lease by operation of law. The way to cancel a month to month is by provided the landlord with 30 days notice to terminate and vacate. You would send the notice by certified mail return receipt requested. If you like you can send a text in addition to the certified mail.
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Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago
If the carpet were to be installed you can leave sooner as this is a health issue and the breach of a verbal agreement with your landlord.
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Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago

Putting the letter from the landlord’s attorney aside as the installation of carpet is a breach of your verbal agreement with your landlord I have set your 2 options out above.

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Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago
Do you have any additional questions for me. Would you like a link for local Attorneys in your area that provide FREE consultations that can assist you personally?
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