Carpet revealing stains, mildew and smoke odors after 2 months of occupancy

[Lani]

Jurisdiction

Oregon

Two months ago I moved into an apartment that has used carpet in a "pet friendly" community. The carpet in some areas has stains that are getting darker and bigger the more they're walked on. In other areas, stains are surfacing that weren't noticeable at the initial walk through. When the windows are closed and it's rainy outside, the smell of mold/mildew and smoke are strong. Over the past month I've been getting sick with sinus congestion, a fungal skin infection, itchy feet, headaches and coughing. I have severe allergies and other medical conditions that are being worsened by my reaction to the carpet. When I brought this to the attention of the manager, I offered to give them a Drs note and pay half for new padding and carpet because I need it to be hypoallergenic and low/no VOC and thought that was the right/fair thing to do. (Used carpet doesn't off gas and the windows were open on a dry, sunny day when I initially walked through so I didn't notice it then. I've done OK with CLEAN, used carpet in the past). They are refusing to allow me to use an outside vendor and insist I pay half to use theirs, made with very cheap materials for almost the same price. I refuse to pay for that because I feel the carpet was damaged by people/pets living there before me and it's the management's responsibility if they want to use cheap carpet. I'm only willing to pay half if I can ensure I'm getting what I need. (I'm also worried that the cheap carpet will cause a different set of health issues because of the chemical off gassing and I need to get it tested against my allergies first. I carry an EpiPen with me everywhere I go). I've asked for a sample of the carpet they want to use, a detailed breakdown of their vendor's quote and a copy of the invoice from when the carpet was last changed, but still have not received anything. We've come to an impasse and it's being escalated to upper management through email. Technically, do I actually have to pay anything for what I need to be healthy in my home? How can I expedite this process since I'm getting so much push back from them?

 

[ElleMD]

Technically, it is extremely unlikely that they must change the flooring at all, let alone you a product and vendor you prefer. If you have multiple health issues such as you describe, it seems unwise to move into an apartment in a pet friendly community with used carpeting. Frankly, even if they agree to change the carpet and pad, the smells and irritants may be in the subfloor and walls. You may be better off just looking to see if you can get out of the lease and moving elsewhere, preferably without carpet, smokers, or pets.