Tenant Rights, NOVA Habitability Law (rent, cost of, moving)

[HoliWood]

Originally Posted by paulbunyan

Hate to be the devil's advocate...but didn't your LL have you signoff on the condition of the place before you moved in?

I'm not sure what you mean by signoff on the condition, but I was given a move-in sheet to complete and return to him within 5 days, which I did...and I did include the smell of the carpets to him - amongst other things.

Never heard a thing back from him

[HoliWood]

Just an update on this: the carpet cleaning guy came back and recleaned the carpet and deoderized it. By this morning, the smell is milder but still there. Plus, I woke up again with a sore throat and unable to breathe. I'm not sure what's in the carpet. I tried pulling up a corner of it and I didn't see any mold, but the smell is at the center of the room, anyway.

I'm not sure what to do next. Any suggestions would be great.

[HokieFan]

Originally Posted by HoliWood

Just an update on this: the carpet cleaning guy came back and recleaned the carpet and deoderized it. By this morning, the smell is milder but still there. Plus, I woke up again with a sore throat and unable to breathe. I'm not sure what's in the carpet. I tried pulling up a corner of it and I didn't see any mold, but the smell is at the center of the room, anyway.

I'm not sure what to do next. Any suggestions would be great.

Have you spoken to your LL yet to work on a solution? Explained that the carpet has been cleaned 3 times since the previous tenant vacated, yet the carpet continues to make you ill?

Maybe this will help you figure out your next step:

http://www.valegalaid.org/files/E095...nts-rights.pdf

[HoliWood]

Originally Posted by HokieFan

Have you spoken to your LL yet to work on a solution? Explained that the carpet has been cleaned 3 times since the previous tenant vacated, yet the carpet continues to make you ill?

Maybe this will help you figure out your next step:

http://www.valegalaid.org/files/E095...nts-rights.pdf

I communicated with the LL today. He said he can't afford to replace the carpet. Apparently, the carpet is only 2.5 years old, but that doesn't take away from the fact that the minute I walk into this unit, my throat closes up. He said he wished I'd said something before moving in, but how was I know that this place would make me ill? You can't tell that by a mere walkthrough, so I'm not sure if he said that to just blow off steam.

The only thing he offered is that we go 50/50 on the carpet, and only on replacing the master bedroom carpet - which smells the worst. That will run me roughly $300 (my portion), on top of the $600+ I've already spent on this place, getting it cleaned and sanitized.

I'm not sure what to do. I've tried everything twice. On top of that, I'm not sure what my tenant rights are in this situation or if I have any. And I'm concerned that I'll throw more money at this place and it'll end up not helping, because replacing the carpet in one room isn't going to prevent whatever it is that I'm reacting to from being trekked into the master bedroom with the new carpets.

I've been out all day, just a way to stay out of this place so that I can breathe. I come home, having left the windows open all day (it was a cool day), and I walk into the master bedroom - which should at least smell somewhat fresh from the outside air - and it reeks of urine/b.o. It's so gross. My curtains in there even smell like it now...

Any other thoughts/suggestions?

[Tyler Hold]

Originally Posted by HoliWood

I moved into a place two weeks ago. According to the LL, the carpets were cleaned on move out by the previous tenant. He's an out of state LL and hasn't been to the unit in some time.

The unit didn't look clean on move in, so I hired a cleaning crew who spent 6 hours making the place livable again. This was out of pocket for me. I also had the carpets re-cleaned professionally, but there's a disgusting smell of urine in the master and second bedroom that I can't get rid of. Apparently, the last tenant had a pet.

On top of the gross smell, something in the carpets is causing a reaction in me: I break out in hives, I get very congested when I'm inside and have extreme difficulty breathing. I've even changed the furnace filter at cost to me. But it's still the same. When I shower in the ensuite bathroom, the steam makes the smell of the carpets unbearable.

I've emailed the LL about this issue and he's said nothing. I'd like to live in the unit, but this carpet is really affecting my health.

Anyone know what my rights are as a tenant or what to do next?

Tell him the smell was masked and now you are having physical allergic reactions due to the carpet. You've spent a lot of out of pocket expense and you wan wood floor thought the house. It will increase the value of the property.

[Oldhag1]

Sounds like you need to move if it is making you as sick as you say. Either there is mold in the house or the padding/subfloor became urine saturated. Sometimes, painful as it is, you have to lose money for your health's sake. Discuss with the landlord what he needs to release you from the lease. If need be, start bringing up that you are starting a record of your health problems and conversations with him in anticipation of retaining a lawyer.

And, no, you should not be expected to pay half of the cost of new carpet.

[HoliWood]

Originally Posted by Oldhag1

Sounds like you need to move if it is making you as sick as you say. Either there is mold in the house or the padding/subfloor became urine saturated. Sometimes, painful as it is, you have to lose money for your health's sake. Discuss with the landlord what he needs to release you from the lease. If need be, start bringing up that you are starting a record of your health problems and conversations with him in anticipation of retaining a lawyer.

And, no, you should not be expected to pay half of the cost of new carpet.

I just moved here from out of state and I wouldn't even know where I'd go if I were to move. However, the fact that I can't breathe is a HUGE problem...

I also feel resentful about the 1/2 cost of the carpet falling on me, given all the money I've already spent on making this place work. Can he hold me to the lease? It's not that I want out, but what else am I to do? I just walked past the stove in the kitchen (which I've never used yet) and I just dusted everything this morning before leaving the house. But as of now, the stove has a visible layer of dust/carpet fiber/I don't know what all over it, which is unreal considering I just cleaned it. I'm inhaling something for sure.

I wish there was another way....

[HokieFan]

My best advice: call legal aid in your area to find out how to get out of your lease with the least amount of damage.

[jtees4]

Is there physical damage that can be photographed? (I'M
assuming NO). You need a professional to document what is going on, a letter from the floor cleaner willing to state what the smell is etc. You need some documentation. You saying it means nothing, and frankly your breathing problems (while I'm sure are uncomfortable) alone don't mean much without being able to prove what is causing them. I agree with the comment above about legal aid, you should contact them as well as contacting the local city/town authorities....get something on record in writing. The truth is, as many have said....if it is indeed a real health problem for you....you need to get out of the lease and move out. I suspect you will get some help if you follow some of the suggestions above. Good luck.

[Lemming95]

Can you pull it up and see if there are visible stains or mold on the underside of carpet and the pad. A photo of that kind of damage might help.
Are you sure you are not reacting to the chemicals in the carpet cleaning and not the carpet. That chokes me up and I have to leave the room for days before I can sleep in it.