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Deceived by Landlord Repairs, Maintenance

Discussion in 'Other Residential Landlord & Tenant Issues' started by Pdx99, Aug 9, 2014.

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  1. Pdx99

    Pdx99 Law Topic Starter New Member

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    We just moved into a luxury apartment rental in downtown portland. The building was built in 2006. Prior to move-in and signing the lease I asked about the age of the carpet. I was told it was replaced last summer. I documented in an email that if the carpet is > 5 years old I want the property management company to replace it. We didn't actually get to see the unit until move-in (one of those buildings with show units). I can clearly tell the carpet is old. I have asked for 3 weeks for them to provide evidence of the carpet replacement/age. They have not probably because they know it's not 1 year old. Questions:
    1. According to OR law - do landlords have to replace carpets after a certain period?
    2. Since I signed the lease under false pretenses what are my legal options? Do I have any? Can I legally negotiate them to replace them?
    3. How can I legally document the state of the carpet to ensure I am not charged for damages when I move out (we black lite the carpet - stains everywhere. We sent images to the leasing staff).

    They are stating that if I'm not happy I can move to a different unit with hard floors and pay the $300 a month differential. I don't want to move. I want my carpet to be in livable condition!!!
     
  2. army judge

    army judge Super Moderator

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    You might want to negotiate the deal they placed on the table.
    Ask them if they'd split your relocation costs and cut the rent to just $200 more a month.
    If you don't, you're going to very unhappy for the remaining term of your lease.
    Be very nice, calm, and cooperative when you negotiate.
    As in most cases, the law doesn't concern itself with your issue.
    However, the lease you voluntarily signed is controlling.
    You don't have any wiggle room, but to negotiate or end up getting embroiled in a useless lawsuit.



    Some useless or useful information, you decide:


    http://www.oregonlaws.org/ors/90.300


    http://oregoncat.org/know-your-rights/how-do-i-defend-my-rights-as-a-tenant/deposits/

    http://community.lawyers.com/forums/t/114483.aspx


    http://www.city-data.com/forum/oregon/1668087-tenants-carpet-responsiblities.html

    http://ask.metafilter.com/39816/LandlordTenant-Carpet-Dispute-Raaar
     
    Last edited: Aug 9, 2014
  3. mightymoose

    mightymoose Moderator

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    If you didn't obtain this agreement about the carpet in writing then it didn't happen. Perhaps they will pay for a cleaning rather than replace it? If not then you certainly can.
    There is no five year rule. They just won't be able to charge you for replacing the carpet since it was already old.
     
  4. disagreeable

    disagreeable Well-Known Member

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    Your email was not included in the lease you signed. You have no standing.
     

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