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    leothelion43's Avatar
    leothelion43 Posts: 3, Reputation: 1
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    #1

    Nov 19, 2007, 10:04 PM
    took carpet up now landlord wants to evict me
    I removed the carpet from my apartment because it was making me sick. It was an old carpet and I noticed when other people moved in they received new carpets but I didn't. I called the landlord when I first moved in and told him I was getting sick and all he did was send someone over from the gas company to inspect for carbon monoxide. I was trying to save up to install a new carpet when the landlord sent inspectors over (that he hired) and now I received a notice to cease and called my act of taking up the carpet vandalism. The landlord says that I will be required to pay $ 1615.70 in additional security to reinstall the carpet in my apartment. The landlord says I have 10 days to pay and another inspection will take place in that time. The landlord says if I decide to ignore this request he will file for eviction after the second inspection. Then he goes on to say that the town will be notified and my apartment will be subject to inspection and possible fines. Please help!! Should I purchase the carpet myself since I was planning on getting a hypoallergenic carpet and face the judge in court? Should I pay the landlord and be subject to a carpet that will make me sick? The whole inspection thing is fishy too. A notice was sent around saying that the inspectors were inspecting for lead based paint. A friend in another apartment told me that they went through his closet and asked him what he had in his locked boxes. He asked them what were they doing in his closet that they were suppose to be checking for lead paint. The floor underneath the carpet isn't a floor its like cheap sheet rock or plaster board and it makes a lot of dust. There has been inspectors in before who saw the floor without carpet and said nothing. So what is the deal with these inspectors. They acted as if they were trying to find anything they could to complain about. Supposedly there were random apartments chosen for this lead paint checking. It sounds to me like there is more going on here than lead paint. Thank you so much for any help!
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
    Uber Member
     
    #2

    Nov 19, 2007, 10:21 PM
    My ex's ex has serious illnesses from toxins. She is like one of those people that have to live in a bubble just to try and be healthy so I can understand your problem with the rug.

    Household Mold and Illness

    illnesses from mold carpeting and household things - Google Search

    Not only the carpet and lead, there are other things in building materials that affect people such as the duct work.

    The proper approach would have been to find a doctor that knows about mold and toxins and got a medical report and then approached the landlord about the carpet. You still should get a medical report to back you up. It still could be in your favor somewhat.
    You might be have a case if building codes do not permit sheet rock for flooring and your apartment does have lead paint. A doctors note coupled with building code violations should help.

    How to Detox Your House | myLifetime.com
    Otherwise you may have to cut your loses and move to a place that doesn't have carpeting and other health issues.

    ALSO IF you have to go to court take the information about mold and toxins and some people's sensitivity to it.
    leothelion43's Avatar
    leothelion43 Posts: 3, Reputation: 1
    New Member
     
    #3

    Nov 19, 2007, 10:34 PM
    Comment on N0help4u's post
    Very helpful thank you
    froggy7's Avatar
    froggy7 Posts: 1,801, Reputation: 242
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    #4

    Nov 20, 2007, 08:11 PM
    A. You have no proof that the rug was causing the problems.
    B. You had no approval from the landlord to remove the rug.
    C. If they are checking for lead paint, they probably made you sign something saying that you were given information about the possibility there was lead paint and the potential dangers of it.

    B is the real sticking point. The landlord has every right to expect you to keep the apartment the way it was when you moved in. The only potential break I can see is that you might only be responsible for the depreciated value of the carpet. That's what they would be able to charge you with if they had to replace it due to damage when you moved. But on the other hand, you didn't ask for permission, and his argument about it being vandalism holds some weight.

    So it seems to me that your only real option is to pay to have the carpet replaced. And I'm not sure why you think that the new carpet will make you sick. If the old one was doing it because it was old, the new one shouldn't have that problem. The only other possible option I can see is if you could get a doctor to say that you couldn't have carpet for medical reasons, in which case you would probably still be paying for the floor to be replaced, but might be able to get tile or some other hard surface.

    But let this be a lesson to you! In future, do not make changes to property you don't own without the owner's permission.

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