rental home carpets and then some...

[trishy]

my son has asthma and is in particular allergic to mold. in one house where the fridge icemaker got stuck open and flooded the house for a week before it was discovered, and then dried, anytime he went there, he would end up with asthma and pneumonia. this didnt end UNTIL the carpets were changed. it ended up being from mold that had grown in the carpets....

so ever since we have been very careful with carpets. we are now getting ready to move into a new rental, and the carpets are 6 years old... and look about 10. the owner says it has only been steam cleaned once, so im thinking thats fine. but the owner... a real estate lawyer... has no intention of changing the carpets for several more years... thehouse has original everything, from the 60''s...[same cabinets, thermostat, same light fixtures, etc] but new paint, and carpets 6 years young. [altho in a rental, carpets, i think tend to age faster] so i can see they tend to leave everything as is.
there is NO LAW in california enforcing how often carpets are changed, but every other place i have rented they seem to have gone by the 3 year rule.i am wondering... what do you all think? slumlord?

i love everything about the place, but am worried about the carpets. when i asked about the carpets, and explained my sons past issue, they said it wasnt going to be changed, but they would let me change the carpets but i had to pay out of pocket.

to be honest... after i told them about his asthma, they said... they didnt know if they are comfortable with us moving in anymore..
isnt that illegal? its ok to rent, they are ready to go, all the way up until they hear about my sons asthma, and now they sound like they are considering not renting to us? isnt that discrimination against his disablility? im so upset by this, im having trouble sleeping.
and i have already given a non-refundable deposit. HELP?

any seasoned renters, lawyers, moms/dads, out there with an opinion, thoughts, etc... please talk to me... i need some PS support

 

[lilyfoot]

I am not a lawyer, but this sounds very wrong. There is no way they can deny you just because your son has asthma. Especially since you''ve already put the deposit down, it sounds like everything was ready to go.

What state do you live in (if you''re comfortable sharing)? Please Google the tenant/landlord laws in your state to find more information. The laws differ between all states. If you show the landlord you know what you''re talking about (i.e. quoting state statutes), he won''t want to mess with you.

Also, this landlord sounds kinda shady. I know you''ve given a non-refundable deposit, and don''t want to lose it, but you also need to figure out if you want to deal with a landlord like this for the next 12+ months

 

[trishy]

Date: 11/12/2009 10:31:11 AM
Author: lilyfoot
I am not a lawyer, but this sounds very wrong. There is no way they can deny you just because your son has asthma. Especially since you've already put the deposit down, it sounds like everything was ready to go.

What state do you live in (if you're comfortable sharing)? Please Google the tenant/landlord laws in your state to find more information. The laws differ between all states. If you show the landlord you know what you're talking about (i.e. quoting state statutes), he won't want to mess with you.

Also, this landlord sounds kinda shady. I know you've given a non-refundable deposit, and don't want to lose it, but you also need to figure out if you want to deal with a landlord like this for the next 12+ months

california...
we have the option to do month to month, or 6 month lease...

i have been reading this website http://www.caltenantlaw.com/
but i am feeling like this landlord... who is a real estate lawyer as a profession, with a law degree from harvard, and a phd from yale, and the owner several rental properties, probably, no.... definately, knows the laws better than me. i really want to give the benefit of the doubt.. i just cant imagine that they are bad people, obviously this is a business and their livelyhood... but i believe they wouldnt intentionally hurt a child by not agreeing to replace the carpet if it had actual mold and caused A CHILD to become sick [a teenager actually... but still a minor, a child, my child, MY BABY] i mean, i think thats why they are saying now, all of a sudden, after finding out about my sons asthma, that "they are nervous", renting to my family, and think maybe its not a good idea? but here's the thing... if its not good for one person, how is it ok for anyone? mold is mold. i feel like i shouldnt have asked when and if they would replace the carpet, were it to be a problem for my sons asthma. i am being pro-active is all. only cuz to me a 6 year old carpet in a rental, is put through a lot more, and ages quicker, as it is steam cleaned often, being wet more often, giving mold a higher chance??... thing is also, they told me, under the carpets is a beautiful hardwood floor. i was like, omg that would be perfect if we could just remove the carpets altogether, no carpet replacement necessary. all the better for my son. ugh so frustrated.

 

[Hudson_Hawk]

It sounds like this isn''t a situation of discrimination per-say, more about wanting to protect themselves from liability. Once you mentioned your son had allergies and the carpets might be an issue, they saw the potential for liability should he get sick. While I don''t agree with him not replacing the carpets, I can also see how he''s concerned about renting the place to you when there''s the potential for a problem. I understand your frustration, I''m dealing with gross carpets in a rental as well (who puts white berber in a rental BTW???), but I see where he''s coming from as well.

Have you asked him about just getting rid of the carpets and not replacing them?

 

[Hudson_Hawk]

Also, in this instance if you decided to not rent from him, I''d demand the deposit back on the grounds of him being concerned about renting from you.

 

[lilyfoot]

Date: 11/12/2009 10:55:59 AM
Author: trishy

Date: 11/12/2009 10:31:11 AM
Author: lilyfoot
I am not a lawyer, but this sounds very wrong. There is no way they can deny you just because your son has asthma. Especially since you''ve already put the deposit down, it sounds like everything was ready to go.

What state do you live in (if you''re comfortable sharing)? Please Google the tenant/landlord laws in your state to find more information. The laws differ between all states. If you show the landlord you know what you''re talking about (i.e. quoting state statutes), he won''t want to mess with you.

Also, this landlord sounds kinda shady. I know you''ve given a non-refundable deposit, and don''t want to lose it, but you also need to figure out if you want to deal with a landlord like this for the next 12+ months

california...
we have the option to do month to month, or 6 month lease...

i have been reading this website http://www.caltenantlaw.com/
but i am feeling like this landlord... who is a real estate lawyer as a profession, with a law degree from harvard, and a phd from yale, and the owner several rental properties, probably, no.... definately, knows the laws better than me. i really want to give the benefit of the doubt.. i just cant imagine that they are bad people, obviously this is a business and their livelyhood... but i believe they wouldnt intentionally hurt a child by not agreeing to replace the carpet if it had actual mold and caused A CHILD to become sick [a teenager actually... but still a minor, a child, my child, MY BABY] i mean, i think thats why they are saying now, all of a sudden, after finding out about my sons asthma, that ''they are nervous'', renting to my family, and think maybe its not a good idea? but here''s the thing... if its not good for one person, how is it ok for anyone? mold is mold. i feel like i shouldnt have asked when and if they would replace the carpet, were it to be a problem for my sons asthma. i am being pro-active is all. only cuz to me a 6 year old carpet in a rental, is put through a lot more, and ages quicker, as it is steam cleaned often, being wet more often, giving mold a higher chance??... thing is also, they told me, under the carpets is a beautiful hardwood floor. i was like, omg that would be perfect if we could just remove the carpets altogether, no carpet replacement necessary. all the better for my son. ugh so frustrated.

Did he mention anything about giving you back your refund if he decides not to let your family move in?

I''m not saying they''re bad people (I only know what you''ve posted), but something just doesn''t sound right here. Why would they be concerned with your sons asthma, unless they knew they weren''t providing the best living environment for their tenants, specifically somebody with asthma.

You did the right thing by asking about the carpet. Your sons health is the most important thing! (and the health of all others living there also).

Do you have to move into this place? Do you have any other options? If the carpet issue concerns you, I''d suggest doing whatever you can to get that deposit back, and find a different place to rent.

Renting sucks

(Most of) landlords suck

What was the deposit you gave? A security deposit? Have you signed a lease/contract yet?

 

[neatfreak]

Well just because he's a real estate lawyer doesn't mean he knows about landlord tenant law. Often two different things.

Personally, I don't think you should rent from him. It's not his responsibility to change the carpets because of your child's asthma. And it probably isn't a good idea for you to live in a rental with carpets-why not get one with hardwoods?

I volunteered at a tenant resource center for many year and while I am unsure about the specific laws in CA-in most states he could simply say he decided that you guys weren't compatible and choose someone else to rent to. But he would have to return your deposit. It would be hard to prove that he wasn't renting to you BECAUSE of your child's asthma. He could simply say that he decided to choose someone else because of a "better vibe" or some nonsense like that.

My guess is that it isn't really about your child's asthma-but the fact that you are asking him to replace the carpets because of it. That to him may raise a red flag that you are a high-maintenance tenant or that if he doesn't replace the carpets you might try to sue him for your child's illness.

So he probably is just protecting himself here-as unfortunate as it is.

FYI: Usually accommodations under the ADA are not the landlord's responsibility. So him saying that you could replace the carpets at your own expense *should* be enough for him to pass muster with the ADA. He simply has to ALLOW you to make the modifications-but he doesn't need to pay for them.

Hope that helps explain the situation a bit...personally I would suggest you find another place if you can't afford to replace the carpets at your own expense. And you should tell him that based on his previous statement that you need your deposit back too. If he "chooses" to rent to someone else you get your deposit back.

 

[MichelleCarmen]

I think it's YOUR responsibility to be sure that you find a rental that will work for your son! If the house is problematic, then look around some more. At least you are aware of the problem before moving in.

FWIW, IMO just because the carpets haven't been changed, doesn't make the homeowner a "slumlord." Our carpets aren't new but the landlord made it clear to us that IF we plan to stay long-term, she will replace the carpeting. If we are short-term renters and live her only two years and during that time she invests in new carpet and we trash it, wouldn't WE be the "slum renters?" Our damage deposit was $1,800 and that isn't nearly enough to cover what the cost of us thrashing new carpet.

Oh, and my son is allergic to dogs. . .when we looked at homes, we turned down a home b/c the owners had dogs. We made the choice, not them.

 

[crystalheart1]

I think there are many red flags regarding renting here. If it is not the carpets, than it may be something else.. this landlord/rental situation does not sound too promising. You might have issues living there in the long run.

I would not feel comfortable moving in there in regards to your son''s condition. This is probably a blessing in disguise. As far as your deposit, there is no way he can keep it since he is breaking the agreement.

Can you try to find some place that has either wood, laminate or tile floors, and putting down area rugs?

Best of luck ,as a MOM , we always have our babies best interest at heart

 

[Italiahaircolor]

No, I don''t think this man sounds like a "slumlord" but more like a landlord who wants to make money off his investment as opposed to putting money into "needless" upgrades. If he feels that the carpet is still usable, then it would be "throwing money away" to replace it right now.

I own a rental property. As a landlord, I will tell you, although I consider my tenants needs and wants and take them very seriously, it is not my responsibility nor my problem to ensure that the living conditions meets their personal standards or needs. If the condo doesn''t work for them fundamentally or aesthetically, then they won''t take it...that''s fine, but I won''t put thousands and thousands of dollars into the condo for a specific person...my choices and money need to be made and spent for the general public, not on a tenant by tenant basis. Likewise, my rent also reflects the finishes. If I have older appliances, or older flooring the rent reflects that...if I were to replace something, the rent would go up. I''m in this business to make money. Like your situation, I would welcome a tenant to make any changes he/she would like, but it''s not coming out of my pocket.

I think this landlord is actually pretty smart to turn down your application now. Clearly this apartment isn''t working from the start and this is his business, he cannot professionally take the chance that your son will be put in harms way over this situation. If he can''t change the flooring and you need it changed...the easiest out is to part company. Is it ideal for you? No, you want this place. Is it ideal for him? No, he wants this place rented. However, when things start out bad then tend to get worse.

I would get back out there and try to find a place with suitable flooring that would be in move in condition for your family. Good luck and happy house hunting!

 

[lovegem]

Sorry you have to go through this. Have you considered finding a place with hardwood floor? It may be harder to find, but may help to eliminate many other potential problems your sons has with a carpeted floor.

 

[Kaleigh]

Liability issues aside, this place isn't a good fit for your son. Trust me, my son has had severe asthma, and no more would put him into an older dwelling with old carpet than fly.. You want something that is new, mold free, no wall to wall carpeting. Area rugs can be rolled up and put away.

You may love ths place but your son will suffer, for sure.

 

[trishy]

thank you for all your replies...

i decided after what people said here that, i dont want to be high maintenance, this is my son and my problem...

so i offered to pay for the new carpets.
and the landlord said, "i was just going to call you... we decided to install new carpets for your family, we know we dont have to, we want to"

I WAS FLOORED!!! but i did say, "you know... its my son, my responsibility, my husband and i will pay for it" and they said how about we split the cost.
and i said, i cant believe this, are you sure? and they said absolutely, we really like your family and we know you love the home, we want to be sure that anyone living there is safe, and we want you.

i still cant believe it.

it just goes to show... i have to give people the benefit of doubt. there are good people out there.... AMAZING PEOPLE.
i guess i misunderstood what they were saying. i admit now, i couldnt have been more wrong.

so again, everyone, thank you for all your responses...

we will be taking the house.. and i love it... and my new landlords [who are DEFINATELY NOT slumlords!!] i feel terrible for even asking that earlier, i was stressing, but thats no excuse, and now im sorry

 

[neatfreak]

That''s great to hear Trish! Glad it had a happy ending. Enjoy your new place!

 

[JulieN]

that sounds great. congrats on your new place!

 

[Hudson_Hawk]

Congrats!

 

[crown1]

Date: 11/12/2009 11:54:45 AM
Author: neatfreak
Well just because he's a real estate lawyer doesn't mean he knows about landlord tenant law. Often two different things.


Personally, I don't think you should rent from him. It's not his responsibility to change the carpets because of your child's asthma. And it probably isn't a good idea for you to live in a rental with carpets-why not get one with hardwoods?


I volunteered at a tenant resource center for many year and while I am unsure about the specific laws in CA-in most states he could simply say he decided that you guys weren't compatible and choose someone else to rent to. But he would have to return your deposit. It would be hard to prove that he wasn't renting to you BECAUSE of your child's asthma. He could simply say that he decided to choose someone else because of a 'better vibe' or some nonsense like that.


My guess is that it isn't really about your child's asthma-but the fact that you are asking him to replace the carpets because of it. That to him may raise a red flag that you are a high-maintenance tenant or that if he doesn't replace the carpets you might try to sue him for your child's illness.


So he probably is just protecting himself here-as unfortunate as it is.


FYI: Usually accommodations under the ADA are not the landlord's responsibility. So him saying that you could replace the carpets at your own expense *should* be enough for him to pass muster with the ADA. He simply has to ALLOW you to make the modifications-but he doesn't need to pay for them.


Hope that helps explain the situation a bit...personally I would suggest you find another place if you can't afford to replace the carpets at your own expense. And you should tell him that based on his previous statement that you need your deposit back too. If he 'chooses' to rent to someone else you get your deposit back.

sound advice here.

eta: just read your update, you hit the jackpot. kudos to both you and the owner!

 

[lilyfoot]

trishy, that''s awesome! I''m glad you guys are getting a home that you love that''s also safe for your boy

And yes, they sound like very nice people/landlords