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Tennant rights, wear and tear or grin and bear?
I have lived in the same apt. for 11 yrs. The carpet was not new when I moved in and is seriously foul after all of this time. I have cleaned it myself but it not only stains my socks but there are tiny nails that tear at my bare feet. My landlord refuses to replace it even after all this time. Do you have any legal advice I can use to persuade him as to my rights as a tennant? I do not have the funds to move at this time. What are my rights as a long standing tennant?
landlord...waht makes you think i am filthy? 11 years in the same place and I'm shampooing annually. Thanks for taking the time to respond but it sounds like you have been in trouble for the same sleaze.
4 Answers
- LandlordLv 71 decade agoFavorite Answer
I don't know what country requires new carpeting every 3-4 years. The carpet industry is making money hand over fist there. That is not the US though.
Carpeting is not a legal requirement and is not even an issue unless you are section 8. Section 8 may require for safety reasons the carpet be removed, at least the nails be driven down. They would not require new carpeting though.
You are 100% responsible to keep the carpeting clean, the landlord is not a private maid service. You can not legally force him to carpet his house, this is one of those things you have to hope he wants. The fact that you keep the present carpet filthy does not work in your favor. You will do the same to a new carpet.
But, if you want to try, have some carpet company come out and give you an estimate on new carpeting and instillation. Give this to the landlord, this will show him if he can or can not afford this upgrade to his property.
- Anonymous1 decade ago
What your rights are depends on your contract. Unless that states your landlord is responsible for cleaning and replacing the carpet at your whim and his expense, it's not his responsibility.
But most likely it's your responsibility to replace the carpet. You're supposed to leave the apt behind in the same state as you received it, which means the carpet too should be in the same state as when you moved in (or better).
In theory your landlord could even have you pay for replacing it if you put something in that's a different colour from the original and 2 weeks later you move out.
Same with the paint on the walls, if there was any when you moved in (which there would likely have been if there was a carpet).
In other words, it's not your rights here that are violated, but your landlord's rights.
- 1 decade ago
After 2 yrs of renting, you as a tenant should be granted fresh paint and Carpet Cleaning (not counting what you may of already done). After 3-4 years another paint job and new carpet. Some managers will just say no and not even ask. Some are just told to not allow any repairs or fix ups by the property owners to pinch a penny tighter in their rears!. I would suggest you to go ahead of your Manager and straight to the property owner/Management who is ahead of him/her. If it is the owner his/herself telling you no, then they are just slumlords. Being that you lived there for so long it makes no sense that you are not granted that. FYI If a tenant lives in a residence for 1 year or more and moves...they are not allowed to hold any of your deposit for normal wear and tear. They would then have to replace the carpet then or IF they are that sleezy just clean it and re-rent it.... Why would they make you live in 11 years of soiled carpet? It sounds more like the manager. Contact the property management and move forward, tell them due to the condition of the carpet it is causing you allergies and whatnot and to tell you the truth after that much time it more then likely is a health concern.
Source(s): Self...Gone through to many issues with A*$hole management! I'm So very glad I have one now that Is such an angel!