Q: Are landlords responsible for replacing carpet on exterior of unit if there’s an excessive amount of bird excretion?
When I moved in I had my apartment manager replace the carpet on my units balcony as there were copious amounts of bird excretion that I could not clean. I thought it was just ruined from years of buildup but within a few months my balcony was again covered in bird excretion to the point where I can’t walk out there or get the carpet clean myself and the smell seeps into my unit. I requested anti perching spikes which they will do but my landlord said she cannot replace the carpet again. I did inform her I was worried of getting sick from breathing in the smell and said I could work with her on the cost and I included pictures as well, and as a tenant I’m unable to replace the carpet myself. Since they approved the spikes and had replaced the carpet once before are they no longer liable?
A:
Most of your relationship with your landlord is controlled by your rental agreement. If you find a provision that says they must clean things up, you can demand they clean them up. If they refuse, you have a reason to quit the lease early.
If you don't have a provision in a lease to help you, then state laws are all you have left. State laws require minimum safety, so if the fumes are toxic, and they get in the house with the door shut, you may be able to get the state health department to require replacement of the carpet.
You could always threaten to request a review by the health department if the landlord refuses to work with you. Keep in mind if you get them involved, the health department might decide the property is not currently liveable, and you might get evicted by the health department.
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