[jennmo22]

We moved to Ft Myers, FL in mid-October. Before we signed the lease the manager informed us that someone had died in the unit we wanted to rent. No details were given as to how they passed away and we didn't ask.

A week after we moved in I noticed a funny smell coming from the new carpet in the living room. After a month of attempting to get rid of it ourselves (open windows, baking soda, etc) the smell wouldn't go away. We informed maintenance of the issues and they sent someone out to clean the carpet. Smell didn't go away so they sent the disaster cleanup people that came after the previous renters death. They pulled up the carpet and there was a nice brown and green stain lightly covered with paint.

A layer of oil-based paint later I now have a torn up living room and no guarantee the smell won't just come through the paint again. The property manager originally agreed to allow us to "transfer" to another unit, saying that we could move without signing another lease for 12 months. Unfortunately there are no other units available that are the same size, only larger ones.

She called today after having to speak with her regional manager about the transfer and offered us a "deal" where we will move into another unit, pay the advertised price, get the current promotional 2 months free rent, and we will have to sign another 12 month lease.

Now I'm not one to make threats, or get angry, I understand there was no way to keep this problem from coming up, but something doesn't seem fair. The disaster cleanup person said that the only way to make the smell go away completely would be to tear up and replace the concrete floor. But I don't want to have to pay $200 more a month to avoid it.

Are there any rules concerning deaths in rental properties? I know they mentioned it before we signed the lease, but no one said there might be a problem with the floor because of it.

I want to move to another unit, but I want to keep the same dates on the lease and I don't want to pay more than I already do. I don't like the word but am I entitled to anything? What's the right way to handle this situation aside from getting angry (which I haven't) or being nice (because now they're taking advantage of me, or at least it feels that way)

I would have to wait to move to another unit because they don't have any that are ready, and they're busy working on 15 other for new move-ins. Lease doesn't mention anything about problems from the smell of decay.

Any advice would be greatly appreciated, thank you :o

[Fr_Chuck]

First no, there is no need to tear up a concrete floor, at worst, you etch it with acid and then seal it with a professional sealer. Also professional clean up would have chemicals that would get most of blood smell out of almost anything. They redo cars, car seats, dash boards and more when people are killed in them to resale them. People are killed in houses every day, their mistake was not to take up the carpet the first time,

Personally if they took up the carpet, and properly cleaned and sealed the concrete there should not be any smell problem after that.

As long as they do the proper procedure to fix the issue that is really all that is required on their part.
But did you ask the for the other apartment at the same price for the same dates ( but you do know the price would go up at the end of the lease) if you have not asked you don't know what they will say, they may come back same price but new dates, or same dates but new price.
You have to ask to get?

[scri8e]

Good grief what a nasty sitch. I find it appalling that the management did not take care of this properly to begin with. If I were in the managements position I would make sure you were moved and comfortable.
If I were you. I would be calling the health department and asking what
Should be done.