My very first question when looking for a new rental is... "Has there ever been any cats, dogs or any animals in the home". Period! I'm very allergic. This landlord assured me there had not been any animals in our "Town House", so we moved in here in August. However, now with colder weather, our windows & doors are all closed all the time. Guess, whose eyes are itchy & almost swollen shut, nose runs like a faucet & I'm having a tightness in my lungs? Yes, me! Last night I talked with our neighbor next door while getting our mail & was told "there has always been pets in all these "apartments"! She could see my eyes & hear in my voice how I was suffering & felt bad. She suggested I talk to the landlord & ask for new padding & carpet. I did call & left him a message, but haven't heard a word from him. I can't live like this, nor will I! What are my legal rights to break this 1 yr lease & make him pay for our moving expenses & inconvience? Thanks in advance! We really need some help here.

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Originally Posted by deeme1999

... This landlord assured me there had not been any animals in our "Town House", so we moved in ...

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The main problem I can see is that, if it's not written into the lease, it will be your word against that of the landlord. It is possible that the landord honestly cannot remember your asking him about pets having been in the unit. That's one reason why you should have put it in writing.

Will you settle for new carpet and pad, or do you definitely want out of the lease?

Yes... new padding & carpet would be fine & we'd stay here. He did indicate "the carpet isn't that bad" when we first saw the place, even with the red Kool Aid staines, we doubt he will replace it. He has not returned the 2 calls/voice messages I made to him. We are afraid to turn the heat on, which will make things much worse for my breathing. I am composing him a letter in writing & mailing it today. Don't we have any rights, in the event he refuses to put new carpet/padding in?

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Originally Posted by deeme1999

... We are afraid to turn the heat on, which will make things much worse for my breathing. ...

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Must be getting chilly up in Wisconsin about now.

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Originally Posted by deeme1999

... Don't we have any rights, in the event he refuses to put new carpet/padding in?

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Yes, probably. But your rights are always subject to the necessity of proving the pertinent facts. And, as I say, in this case it may be difficult, I don't know.

Send your letter certified, with the requirement that he sign for it. Give him a time certain in which for him to agree to replace the carpets and pads. And clearly state (an ultimatum, in other words), that if he doesn't so agree by that time, you will regard him to be in breach of the lease, and that you will move out within 30 days of the date of your letter.

And then sue him for the cost of moving.

Not sure this reply went through... let's try it again.
Yes, new padding & carpet would be fantastic! We'd stay... we don't want to move, but I do like to see, breathe & not have my nose constantly running. In the lease, he does state Pets are not allow, yet he let the new tenant move in & I saw them carry a Cat in there.
The other thing... not sure if it matters or not... he rented this as a Town House... the city states it is an apartment. We do feel we are over-paying for an apartment, but that's another issue or could be an additional reason to move, in the event the landlord refuses to comply with the new carpet/padding request.
What are your thoughts? We really are grasping at straws here & the clock is ticking!

Landlord called. Will *not" replace padding or carpet. Will let us move. He said, we would get "some of our deposit back". He did say, a dog had been in here but only part time, which like I told him... he should have told us that when I asked if pets had ever been in here & before we seen it. He with held this information & now I'm suffering & we have to foot the bill to hire movers & be inconvienced to find another place to move to? This is not right. Help!!

You are lucky he is allowing you to break your lease and return some/all of your deposit. A LL can't be held legally responsible for a statement regarding if a pet has ever been in a unit. If its not in the lease then it doesn't have any legal standing. I see 2 other options. See your doctor about other medical options for your allergy or offer to share the cost of the padding/carpet. That could be offset by what you save on movers