Landlord wont replace carpet/removed name from mailbox

[krizzeam]

we signed our lease on aug 6 this year. after we got our stuff in the duplex we noticed the carpet smelled. landlord said she had replaced living area carpet but not the 2 bedrooms. previous tenants were evicted for having dog without permission. that dog pee'd all over the floors. we told landlord, she had carpets cleaned 3 times but odor is still there, BAD. we have a 7month old baby, learning to crawl and walk, but we cant give her freedom because she gets the smell on her and she gets grimey. after requesting to have the carpet replaced and landlord refusing she called and said she wants us to move out. we asked for written eviction notice to break lease after only 2 months. she brought one over and it said we had 30 days to move out because we "were not happy living there." we refused to sign it (because we dont have to), and she said she would have her lawyer write one up. the next day we received no mail and i noticed out last name had been removed from mailbox.

we are wanting to move out just because we dont want to deal with her anymore and she is willing to break the lease, but we need time.

can landlord remove name from mailbox?
can we ask for security deposit, one month rent, and moving expense reimbursement from her?

what do we do???????

ANY help would be greatly appreciated.

 

[mightymoose]

If she has contacted an attorney then you should get another notice before long.

The name on the mailbox is not a significant issue, but if the landlord is taking your mail then that COULD be an issue.

Keep in touch with her and you should get the documentation you need. You don't necessarily need an eviction from her, but just a letter indicating that you are free to move without penalty and that your deposits will be refunded in full. With such a notice you can move as soon as possible, or as mutually agreed.

 

[krizzeam]

we have not received any mail since she has taken the name off our mailbox. we are still under lease and she has no real reason to boot us/break lease. also, should she not be responsible for replacing unsanitary carpets for health reasons?


other than security deposit, is there any other compensation we can/should seek? such as changing electric and water fees and movers, etc...

weve barely been here a month, paid 2 months rent, and now she wants us out cause she doesnt wanna spend the money for new carpet? (which is the only solution if she ever wants to rent this place again.)

 

[Gail_in_Georgia]

Your landlord did not provide you with an eviction notice (only a court can grant such a thing) but rather what some landlords call "the happy clause".

You are unhappy with the smell in the carpet, the landlord is not going to replace the carpet; thus, the "happy clause" lets you out of your lease without the risk of an further financial obligation.

It would have been to your benefit to sign such an agreement which would cover "your bases" should your landlord later claim that you broke your lease. You can negotiate with the landlord if you need a greater amount of time than 30 days to find another place (although you would continue to owe rent during this time period).

If you decide to go this route, the landlord would be legally responsible for returning your security deposit and any rent yet used. They would not be responsible for your moving costs nor any deposits you've made to utility companies.

In a "happy clause" both the tenant and the landlord agree that the current living situation isn't the best for either party and thus the best thing is for both parties to terminate the lease.

Gail