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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.