What remedies do I have for carpet repairs that my landlord has failed to make?

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What remedies do I have for carpet repairs that my landlord has failed to make?

My landlord said that they would be cleaned and or replaced. They have burn holes from previous tenants and the seams are coming up (I have a disabled son with CP this is causing tripping hazards). My landlord told me that he would rather kick me and my disabled child out versus having to pay to repair the issues. What can I do?

Asked on April 18, 2011 under Real Estate Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) If there was an agreement--a written one, including one shown by faxes or emails would be better, since you can prove it more easily, but an oral or verbal one is enforceable--with the landlord that he would repair the college, you can enforce that agreement.

2) Also, if the carpeting represents an actual safety hazard, it may be possible to force the landlord to repair it under the "implied warranty of habitability"--which is a term added to all contracts that the rented premises must be safely inhabitable.

In either case, you may have enforceable rights, but  you would need to bring a legal action to enforce them. You can do this yourself, but an attorney would clearly be helpful. If you can't afford one, try contacting legal aid/legal services. Good luck.


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