Can landlord force a carpet install? (lease, inspection, noise, landlords)
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I am renting a condo and we moved in 2 months ago. The condo was advertised with beautiful hardwood floors and we rented it BECAUSE of the floors (my 2 year old son has severe allergies that he is medicated for and carpeting aggravates them).
A few weeks ago the management company that my landlord uses sent us a violation letter saying that we are in violation of the rule to have the floors 80 percent covered by carpeting. We told them that our lease, the rules and regulations book that we signed for does not state this rule and to send it back to our landlords.
The management company then tells us that the hardwood floors were approved by the condo association when they renovated the unit and that they are trying to appease our downstairs neighbor. We never heard anything else about it until yesterday. We received another email from management that they are going to come in on Wednesday of this week to do an estimate then they will give us a date for the carpet install.
I rented this unit because it does not have carpet, because of my son. Can they force a carpet install on us when nothing was stated in any of our signed forms? They also did a walk through inspection with us prior to us moving in and we have written forms signed both by our landlord and management company that the floors are good. I am thinking they do not have a case, as we have a medical reason for not having carpeting, were not told about a need for carpeting, occupied the advertised unit as is, but wanted to make sure before I fight further. We obliged and bought area rugs but I do not feel we are of obligation to do anything further.
Yes, they can enforce the 80% carpet rule. They are getting fined because in your area, that's a housing rule. Requesting the reasonable accommodation will at least push the carpet installation back until you get a formal approval or denial. If denied, you can take further action, but I doubt it will have to go that far.
Did you tell the landlord and or the management company when you rented that your son had allergies and you could not have carpet in the unit?
No I didn't think I had to because the unit had hardwood floors and there was no mention of a need for carpeting at all. This "violation" notice came to us a few weeks ago when we were already in the unit for over a month and the first time the word carpet even came up.
1. Get a letter form your Health Care Professional specifically stating that your son has a medical condition and under that professional's advice, no carpets or carpets of a certain type.
2. Write a letter to the management company stating that you are requesting a Reasonable Accommodation under the Fair Housing and Amendments Act. The request is for either no carpets or carpets that meet the restrictions of from your son''s Health Care professional.
3. Because this is a condo rule for carpets, they can agree to no carpets, carpets that will not aggravate your son's medical condition. If the cost of the acceptable carpet is too high, they can demand you provide your own approved carpeting at your expense. Be prepared to work with them on a acceptable Reasonable Accommodation.
Can the landlord install carpet? Probably. Especially if it is something required by the HOA.
I suggest that you request that the landlord let you out of the lease without penalty and you move to a place with no carpet where the landlord will agree, in writing, to not carpet the place for the term of the lease.
1. Get a letter form your Health Care Professional specifically stating that your son has a medical condition and under that professional's advice, no carpets or carpets of a certain type.
2. Write a letter to the management company stating that you are requesting a Reasonable Accommodation under the Fair Housing and Amendments Act. The request is for either no carpets or carpets that meet the restrictions of from your son''s Health Care professional.
3. Because this is a condo rule for carpets, they can agree to no carpets, carpets that will not aggravate your son's medical condition. If the cost of the acceptable carpet is too high, they can demand you provide your own approved carpeting at your expense. Be prepared to work with them on a acceptable Reasonable Accommodation.
Come back with their answer.
This
Or
Ask to be released from your lease with no penalty as when the property was leased to you it came with no carpet
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
