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I am on Section 8. carpet is ripped and over 20 years old. can i ask for it to be replaced?
Anonymous5 views2 answers
i wanted to add that i am also disabled and a client of the Division of Aging and Long Term Health. i have tripped over the tear in the carpet twice. i know the age of the carpet because an elderly friend of mine lived here for 20 years, and the carpets have never been replaced.
Approach 1
You may certainly ask for it to be replaced, and when you do, be sure to point out that you have twice tripped over the tear. But unless the carpet is unreasonably dangerous and/or so disgusting that it renders the place uninhabitable, the landlord is not under any legal duty to replace it. Perhaps you could offer to share some portion of the cost with the landlord.
Approach 2
The more aggressive approach would be to give your landlord written notice of the situation and inform him that he has 10 days to replace the carpet under RCW 59.18.070. If the landlord fails to so repair, you can move out and demand your security deposit back. Or you can hire a contractor yourself and have the carpet replaced with reasonably-priced new carpet, then deduct the cost of doing so from your rent, up to 2 months worth of rent in any 12 month period. Be careful to follow the rules of RCW 59.18.100 (http://apps.leg.wa.gov/rcw/default.aspx?cite=59.18.100)
Based on what you wrote, I recommend Approach 1 at this point. There is significant risk under Approach 2 for someone in your position. Please give me a call if you would like to discuss further.
- Bill Kessler
A twenty year old carpet has given all the service it possibly can. If the carpet is interfering with your quiet enjoyment of your tenancy, you can certainly ask that the management replace the carpet. That would be a lot cheaper for the management than the possibility of paying for your medical expenses were you to injure yourself tripping over the tear, especially if you can show you gave written notice of the issue and requested assistance with the problem and they ignored you.
If you are disabled and you require a reasonable acommodation (such as an intact, non-ripped up carpet) in order to fully enjoy your housing opportunity and your landlord will not provide the reasonable accommodation you are requesting, you may want to advise the Washington State Human Rights Commission.
If you were merely objecting to the color, I'd suggest that you would need to get over it. But you are describing a patent defect in the premises that could be a danger to your health safery and welfare.
Hope this helps. Elizabeth Powell