Legal Question in Real Estate Law in Indiana
Old carpet
I live in a rented house. Judging by the style and condition of the carpet it appers to be over 10 years old. I have a 4 mth old daughter that has breating problems and her peditrician says that the carpet has to go. Since the carpet is that old an worn who would be responisble for it's removal or replacment.
1 Answer from Attorneys
Re: Old carpet
If you have a written lease which provides for repairs and upkeep, refer to the lease. If not, then talk to your landlord. Your bargaining strength comes from your ability to give notice and move elsewhere. On the other hand, you need to consider what the replacement cost is as well as what your current rent is. Perhaps it would be fair for the cost to be split between you and the landlord. Or perhaps the rent is so low that it would be fair for you to pay for the new carpet (assuming you plan to stay a while in this location) or perhaps an agreement could be worked out where the landlord credits you with monies for the purchase if you leave before a certain time you both agree to. The law does not necessarily answer your question - that is, there is no specific law or statute on the books we can look at to say all landlords replace the carpet or that only the tenant must pay for the carpet. Unless you have a written lease, it is a matter of negotiation between you.