---

Posted by TenantNet on January 09, 1997 at 20:22:10:

In Reply to: Carpet posted by Corinne Smelker on January 09, 1997 at 17:06:37:

: My husband and I have lived in a townhouse for2 years. The carpeting
is at least23 years old. The padding is almost non-existent and the
carpet is very stained and worn.I requested that the management replace
the carpet,and they have refused. I decided to go ahead and get the
carpet replaced and deduct it from the rent. Are we entitled to do this,
if we can prove that the carpet was in desperate need of being replaced.
(Which we can)

Depends where you are. Some states have a "repair and deduct" provision
and others don't. NY does not have one, but I've seen several cases where
it was allowed by the court. The danger is that if you deduct from your
rent, you could end up in court. If you decide to do it, you should
notify the landlord in writing of the condition indicating how bad it
is, take photos, give him ample time to make repairs, suggest times
that you will be home for hime to come over for inspection and for the
repair, make sure you can't be accused of denial of access. If you
purchase new materials, get at least three estimates and go with the
lowest, Make it all above board. I would also research your locality
to see if this can be done.

Follow Ups:

---

Note: Posting is disabled in all archives
Post a Followup

Name    : 
E-Mail  : 
Subject : 

Comments:
: : My husband and I have lived in a townhouse for2 years. The carpeting 
: is at least23 years old. The padding is almost non-existent and  the 
: carpet is very stained and worn.I requested that the management replace 
: the carpet,and they have refused. I decided to go ahead and get the 
: carpet replaced and deduct it from the rent. Are we entitled to do this, 
: if we can prove that the carpet was in desperate need of being replaced. 
: (Which we can)

: Depends where you are. Some states have a "repair and deduct" provision
: and others don't. NY does not have one, but I've seen several cases where
: it was allowed by the court. The danger is that if you deduct from your
: rent, you could end up in court. If you decide to do it, you should
: notify the landlord in writing of the condition indicating how bad it
: is, take photos, give him ample time to make repairs, suggest times
: that you will be home for hime to come over for inspection and for the
: repair, make sure you can't be accused of denial of access. If you
: purchase new materials, get at least three estimates and go with the
: lowest, Make it all above board. I would also research your locality 
: to see if this can be done.



Optional Link URL:  
Link Title:         
Optional Image URL: 

---