I rented a home in NJ which required a lot of work to be done prior to use moving in. We signed a lease agreement and added an addendum to s...

Question

I rented a home in NJ which required a lot of work to be done prior to use moving in. We signed a lease agreement and added an addendum to state repairs which needed to be completed. One of the areas of concerns was the carpets which were pet soiled by the previous tenants. One specific room was noted in the addendum which is my 7 yo child's room. Again this room is badly soiled by pets. In the addendum, I stated "clean/replace???". The landlord is now stating that the carpets were cleaned and he is not going to address the issue again (because I have repeatedly requested that they be replaced). He said that if I want them replaced that I can pay for it myself. What can I do at this point? I feel this is a health hazard for my children.

Answer

The short answer is that you should not have moved in until all of the repairs listed in the lease and addendum were completed. If the property is still not really habitable, you may have a claim for either withholding rent, using it to remedy the issues yourself, or even breaking the lease. You should meet with a landlord-tenant lawyer who can review all of the documents involved, including any writings that were exchanged before and since you signed the lease, and the current state of affairs, to help you figure out your options.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.