Is this my responsibility or the landlords?

Question

ok i've been renting an apartment for about a year now, and its time to sign the new lease, but i have a few issues with my landlord. first of all he never does anything that is his responsibility around my place and doesnt keep any promises. my main concern is my carpet, it its rather disgusting and frayed and the tack strips are hanging out all over the place,not to mention you cant walk on it without socks or shoes on and when you do your feet become pitch black on the bottom and they itch. gross, i know, he said he would have new carpet in by the spring and its almost the end of winter, now its time to resign the lease and when i mention the carpet again he said he doesnt have the money and maybe if i paid my rent at the begginning of the month instead of the end he would be able to get me the new carpet. as if it was my fault when the carpet was this way before i moved in. isnt there some health hazards in this carpet being the way that it is and by law isnt he responsible for removing and replacing it? or at least responsible for getting it cleaned? mind you i am 22 years old and the downstairs apartment has new carpets and walls considering the tenant downstairs is old friends with the lanadlord and i believe because of my age and inexperience with renting his is trying to pull a fast one and try to take advantage of me?

Answer 1

If the landlord's promise to replace the carpet is not in writing, it is meaningless.

You have been there for a year, you are responsible for keeping the carpet clean during your tenancy. Do you realize how much dirt can collect in a carpet over a years time? Rent a cleaner and clean the carpet.

You cannot force the landlord to put in new carpet and the landlord is not obligated to replace the carpet. You rented the place with the carpet that is there.

You cannot replace the carpet and deduct it from your rent.

You bring up the word responsibility in regards to the landlord, but you are not acting responsibly either. You are responsible to pay your rent on time. Just because there is a late fee option does not mean that you can continually pay your rent late. You lack of the ability to plan and budget is why your rent is paid late.  

Answer 2

Simple answer.   MOVE.   You deserve better than this.

Answer 3

Move, you agreed to take the apartment with bad carpets.  Nothing is being done so move.

Answer 4

Take him to Judge Mathis.  My landlord is the EXACT same way!!  

Answer 5

If you sign, know that your landlord isn't going to replace the carpet.

Also, before I lived in that kind of filth, I would clean them myself before I would live in it.

there is no law that states he has to replace the carpet.

It is YOUR responsibility to pay the rent on time...get a second job for a month if you have to.  How you get paid isn't his problem.  You are lucky he isn't charging you a late fee every month and know that you ARE late and probably couldn't move right now even if you wanted to b/c you pay your rent late every month.

Answer 6

You know, some people are perpetual victims. The bad things always happen to them. And, in this case, that's you.

Look: The carpet's bad. The landlord isn't going to replace it. For gosh sakes, clean it yourself. Rent a machine at the supermarket if you have to. Don't sit there, month after month, complaining about something. You say you clean it "quite frequently." Use professional equipment. It won't repair the fabric, but it sure will get the dirt out. If it's the principle of the thing, then get over it. Fix it.

Either that, or move.

You say, "i know i can move but dont got the funds at the moment so i seriously need to know if it is really his responsibility to get a new rug. and if it is irrelevant for me to pay him at the beginning of the month instead of the end to be able to get this d**n rug put in."

ANSWER: If you don't have the funds to move, either get another job or stay where you are. Frankly, it doesn't matter if it's his responsibility: HE'S NOT GOING TO DO IT! Face reality. Now, if you're curious, you can read your lease. But welcome to the real world.

You say, "they way i get paid every two weeks makes me only to be able to pay rent about a week or week and a half later, so i pay the late fee in regards to the landlord saying "maybe if i paid rent in the beginning instead of the end of the month" really doesnt make sense when my payment is paid in the middle of the month."

ANSWER: Nice deal for the landlord. and glad you're so accommodating as to keep paying late, then keep paying the late fees. Borrow a couple of bucks from a friend so you can pay your rent on time one month, so you don't keep getting hit with the repeated late fees.

You write: "mind you i am 22 years old and the downstairs apartment has new carpets and walls considering the tenant downstairs is old friends with the lanadlord and i believe because of my age and inexperience with renting his is trying to pull a fast one and try to take advantage of me?"

ANSWER: Then consider this a life lesson. And he probably is taking advantage of you. That's because you allow it. You put up with the nonsense, complaining but nevertheless staying there, nevertheless paying the late fees. They say the definition of insanity is doing the same thing over and over and over again and expecting a different result. Well, month after month after month you're doing the same thing: complaining about the carpet, paying your rent late, then paying the late fee. There's a pattern, and it's not going to change unless you change the pattern.

You're the only one with the power to change the situation. As the commercial says: "Just do it."

Answer 7

Move. If you don't want to move then you can put your rent into escrow. Which means you are legally paying your rent but he cant get it until he fixes these issues. I would strongly suggest moving though. If you think your relationship with him is bad now, he will hate you if you put your rent in escrow.

Answer 8

Uhhh......and just WHY are you putting up with this???

Like the above poster said - MOVE

Answer 9

I would definitely look for another place.

Or read your lease better. I once rented a place that wasn't too nice, and I found in the lease that if I paid for upgrades to the apartment (such as new carpet, new paint, etc..) then I could deduct those costs out of my monthly rent.

So say your monthly rent is 600.. and you pay 400 to have new carpet put down... you would only have to give him the receipt for the carpet, and give him $200 for that month. I do believe you have to get the permission of the landlord before doing that though, but maybe he would go for that.

Answer 10

Get it in writing that he will replace the carpeting.

I don't understand the reference to paying at the start of the month instead of the end.  Are you not paying your rent in advance?  Normally rent is due in advance on the first of the month.  If your landlord is allowing you to pay after the fact at the end of the month, you may not want to make too many waves.

You can easily rent a carpeting cleaning machine.  You might even request in writing that your landlord pick up the rental costs, but since you have lived there for a year, at least part of that dirt belongs to you.

Answer 11

First you want to make sure everything is in writing.  When he promises something, make sure it is recorded some how some way.  You need to read your lease as well.  Did you document the condition of the apartment when you moved in?  Pictures with dates, a check in sheet, anything?  I have been in the apartment/real estate industry for almost 6 years and can tell you, if the carpet is dangerous to your health in anyway and was like that (you need proof) before you moved in, then you have rights.  You can sue for a lot of money and in the best interest of the Landlord, he would want to settle.  If you cut your foot on the carpet, it is his fault! Document telling him the carpet is not safe.  He needs to write back a response and then depending on that response, whether good or bad, will give him the liability.  oh yeah, Move out.  Make sure you get, in writing, your security deposit back.

Rent has nothing to do with fixing problems and if the lease says nothing about you fixing your own maintenance then it is his responsibility.  You need to look at your fair housing laws for the state you are in.

In Mass you have 30 days to pay rent, no matter what.  In RI you have 3.  Go to this website and read up about your rights as a resident... http://www.fairhousinglaw.org/fair_housi...

Answer 12

your landlord is responsible for replacing or repairing anything that  is broken in the apartment, including the carpet. You are responsible for paying your rent on time as outlined in your lease at the beginning of the month.  Neither is dependent on the other, these are just things you both agreed to at the signing of the lease.  You are responsible for the upkeep and cleaning of the carpet.  If I were in your position and your position and absolutely could not move, I would tell hime that he will need to repair/replace the carpet and put it in the lease in writing and make sure there is a time limit stated. For example within a month carpet to be replaced.