Habitability in regards to filth/health risk

[hjnsn]

My wife and I recently rented a place. It appeared clean when we looked at it, but the home owners were still living there. When we were supposed to move in (the day after they moved out) we were shocked at what we found. There were still items in the house (lamps, plants, etc), the house was not clean in any way (dust, dirt, etc), nails still in the walls where there pictures were, etc. The big problem was that there was not only a track across the carpet from their movers in the living room, but also a fairly good sized pet stain (it was covered by a plant when we looked at it). Then we went in the bedroom and there were 2 giant (at least 14" diameter) dark spots that were under the bed. WHat we came to find out is that they left the house open for their cat and possums were coming in. The 2 stains were possum urine. We had both Chem Dry and Stanley Steamer (using enzymes) attempt to clean the carpets, but the smell is still very potent. I tried to get a city or county inspector to come out, but no one has a clue as to who to send. The landlord said she does not want to replace the carpet "because she spent alot on that carpet". We have not moved anything into the living room or bedroom due to the smell.
Can I pay for the repairs and deduct it from the rent (and dont even care if it is the "expensive" carpet, just a decent grade carpet, with a decent grade padding) ?
What do I need to look out for when doing this?
I have attached an image for full affect

 

[RAnn]

I know this won't help with the legal aspect - but for the smell try OdoBan from Sam's club sprayed liberally on the rug, close the door, open windows, let it dry for a couple of days.
When we bought our house one of the bedrooms was apparently the "cat" room. It stunk so bad that I couldn't even go in there without my eyes watering up. Since we couldn't afford to replace the carpet and had used Odoban on our dog kennels for years we tried it. Believe it or not - the smell is gone. To the extent that when my son came home from college and moved into that room (he didn't know prior history) - he never said anything about any smell. (Four years later I tore up the carpet to redo the hardwood floors and they weren't even stained from it)
Worth a try - good luck!
RA

 

[Duranie]

I would also send a certified letter to the landlord stating the place was not clean and was in unacceptable condition when you moved in, and you would like credit for the cleaning.

I am not sure if your state allows withholding of rent for the repairs/cleaning you might want to google some landlord tenant laws for your state, or call your city and see if they have landlord/tenant mediation or help line.

 

[Michael Wechsler]

My wife and I recently rented a place. It appeared clean when we looked at it, but the home owners were still living there. When we were supposed to move in (the day after they moved out) we were shocked at what we found. There were still items in the house (lamps, plants, etc), the house was not clean in any way (dust, dirt, etc), nails still in the walls where there pictures were, etc. The big problem was that there was not only a track across the carpet from their movers in the living room, but also a fairly good sized pet stain (it was covered by a plant when we looked at it). Then we went in the bedroom and there were 2 giant (at least 14" diameter) dark spots that were under the bed. WHat we came to find out is that they left the house open for their cat and possums were coming in. The 2 stains were possum urine. We had both Chem Dry and Stanley Steamer (using enzymes) attempt to clean the carpets, but the smell is still very potent. I tried to get a city or county inspector to come out, but no one has a clue as to who to send. The landlord said she does not want to replace the carpet "because she spent alot on that carpet". We have not moved anything into the living room or bedroom due to the smell.
Can I pay for the repairs and deduct it from the rent (and dont even care if it is the "expensive" carpet, just a decent grade carpet, with a decent grade padding) ?
What do I need to look out for when doing this?
I have attached an image for full affect

Duranie gives a lot of good advice. You definitely want to keep those pictures and make sure you have sufficient pictures of what you are claiming.

Here's the problem -- you really cannot "repair" certain items in the home by replacing them. A fridge is one thing but a carpet that you don't like or think stinks is questionable. I'm not sure how the law in your jurisdiction may speak to this issue.

Here's what I might do. I would send a note to the landlord stating that the condition of the home as warranted by the owner was not in a habitable condition or clean as represented. Unfortunately, you have already had to clean up a mess. Unless you are able to replace the carpet, you are unable to live there and hope that this is agreeable to the landlord, either by having the landlord choose to replace the carpet imminently or you will be glad to choose one, provide the details, etc. The person responsible for this mess might be the prior tenant and you may state that you will provide copies of your information should the landlord need to recover these amounts from the prior tenant. You should send the letter, certified mail, and itemize the expenses that you do not believe you should be responsible for.

I'm guessing that the landlord has a security deposit. You should be able to find out whether you can agree or disagree shortly. If it was me, if the landlord was not agreeable I might look for another place and withhold rent (use the security) the following month and give the landlord 30 days notice that you intend to move due to the unsanitary condition that the landlord refuses to acknowledge and moreso, the landlord's breach of the lease. I don't think it will ever come to that and am guessing the landlord and you will be able to find a mutually agreeable solution.

Good luck and let us know how this all turns out.