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    delaine's Avatar
    delaine Posts: 1, Reputation: 1
    New Member
     
    #1

    Oct 20, 2006, 08:41 AM
    Worn Out Carpets
    I moved into my apartment 12 years ago and the owner, at that time, put wall to wall carpeting in my apartment. The building has been bought and sold three times since then. The carpet was very "cheap" and after 12 years it is worn, dirty and is stretching in many places. Is the present owner responsible for replacing the carpet or pulling it up and re-doing the wood floor underneath it? I live in NJ.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Oct 20, 2006, 08:44 AM
    There is a sticky note at the top of this forum with links to state laws on Landlord/Tenant relations. You can search there to see what the law says.

    There is usually a provision about habitability and this might fall under that.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #3

    Oct 20, 2006, 09:07 AM
    Hello delaine:

    NJ is one of those states that either doesn't have landlord tenant laws or they're trying to hide them. I don't know which. Nonetheless, we can't find 'em.

    However, if we did find them, I doubt whether we'd find a specific provision covering this issue. I frankly, don't think it's a "habitability" issue. Warn carpet does not make a home inhabitbitable.

    Quote Originally Posted by delaine
    Is the present owner responsible for replacing the carpet or pulling it up and re-doing the wood floor underneath it?
    For sure, we won’t find a provision requiring the landlord to do that. Indeed, if it's NOT a habitability issue, then I don’t think he's required to do anything. Buildings get old. Landlords don’t modernize and there’s no law requiring them to. Seedy, although undesirable, is not inhabitable.

    Given that I don't think you have legal recourse, that doesn't mean that I think you should give up. Write them a letter. Tell them exactly what you've told us, plus add that they really don't want to lose a good tenant such as yourself.

    excon
    Cvillecpm's Avatar
    Cvillecpm Posts: 553, Reputation: 28
    Senior Member
     
    #4

    Oct 20, 2006, 09:35 AM
    Probably not. This is one of the draw-backs of rent control. You should "ask" the owner or manager to come to your apt, view the present condition of the carpet and discuss the options... the NICER you are, the better the outcome. Offer to have your furniture removed and stored at your own expense as most carpet installers do not want to be liable for moving your furniture and this is often the drawback to replacing carpets with residents in place.

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