Are new renters responsible for old tenents carpet cleaning if not done before they move in?
Question:We just rented a house in the higher end cost rage. We signed a lease sight unseen because we lived out of state but it stated that if you had pets the carpets would have to be cleaned/defleaed etc also that is you failed to clean there would be a 250 charge for them to pay for somene to do so. The place has pet soiled carpets and molded fridge/ shower/and dishwasher. We cleaned those and recaulked the shower but they want us to pay half to have the carpets cleaned and move all our stuff. We havent even been her over 2 weeks. Also they know we have allergies kids too and they still think we should pay it all and take half of their half from rent, Is that fair? thanks
Answers:
Check into the landlord tenant laws in your state (if any, AL just got some this year.. most states have had for years) to see "sanitary living conditions" (not in the AL law, but is in the law in many states)
If you are in a state like AL, you can't deduct the cost to you from your rent & if you do you can & will be evicted & then you are stuck with the court costs (read the AL laws.. I am telling you 100% truth)
If that doesn't work.. call the housing department or the city and ask them who would handle land-lord tenant issues.. then contact that department/person & ask them for adivse (for example AL has no sanitary clauses in the law, but the City of Vestavia does)... your landlord wil be held to the highest covering landlord tenant law in the area of the house you are renting
Last, but not least, ask your landlord why this wasn't taken care of BEFORE you moved in.. it is possible that any deposits the previous tenants had with him were used to off-set unpaid rent or something like that; however, this doesn't change his obligatoin to you as a new renter .. look at your lease. what does it say about the condition of the apartment when you move in..
If this is not effecitve, have it done yourself (you don't want him to show up with a steamcleaner & leave alot of water in your carpet thus subjecting you to mold growth)
Threaten to sue on the basis of Mold Exposure... Send him a bill for the work you have done thus far... pull up the carpet & if ther is any (even small amount) of evidence that the carpet or the pad has mold, then tell him he can either put new carpet in (to replace the carpet you pulled up) or some other type of floor covering and if he doesn't you will need to file to his insurance for mold exposure and/or sue him for the medical issues related to mold exposure (this worked for Erin Borkavich) -- before you do this, research Mold Abatement so that you will be educated
and if you don't want to go thru all of this (I know I wouldn't) find another place to live & ask him to let you out of your lease. imagine what is going to happen if the hot-water-heater goes out in the dead of winter....
Don't support a**hole landlords by remaining in thier rental property
and to answer your question: NO IT IS NOT FAIR -- in most states the laws on the landlord's side and that sux
No, it is the last renters responsibility. Your landlord probably got a security deposit from the last renter to cover things like this.
I would clean it all myself because I'm a total neat freak, but then I woul dpass along the bill to the landlord and tell them you want it off your rent. It is NOT your responsibilty or your issue to deal with, it's the landlords issue to go after the last renter to pay for damages. Tell them- we will pay to get this done, BUT will NOT pay rent for hoewver long it takes us to get that $ back! MAKE SURE YOU HAVE EVERYTHING IN WRITING about the situation- and get landlord to sign it all, AND send ANY correspondence to your landlord in registered mail, even if you have talked to them about it in person- that way if anything happens legally, you can prove you sent them notice of your intentions to have the work done, or of any issues you have (because registered mail is traceable, you can prove that way your landlord KNEW what was going on)...
good luck!
I would send a letter in writing (certified or registered mail and keep a copy of the letter) demanding they clean or replace the carpet. Check with your state and local laws and see how long they have to respond (it varies state by state but most states say if the landlord doesn't make encessary repairs you can take the repair costs off the rent). Photograph the carpet and make sure the carpet cleaners note the damage and the extent ON THE BILL. Take the cost off your rent.
If the landlord tries to evict you because of nonpayment, bring this evidence to court. Make sure you send another letter with the reduced rent check explaining why it's lower than it should be (again, via certified or registered mail).
No. You need to go to the local city hall and fined out about your renters rights.
More Related Questions & Answers...