Should landlord replace carpet after previous tentant dies?

Should landlord replace carpet after previous tentant dies?

Whitehouse Station, NJ · Member since 2017 · 3 posts · 0 votes

The woman who lived upstairs from me, died in the apartment unexpectedly, and was found 2 days after she died, I was there when they found her and it has been traumatizing, since over the course of her living there we became friends, she was in the process of moving out, and I am suppose to be moving into her apartment June 1st. Since she was there for 2 days, I had asked the landlord to replace the carpet, (carpet is already 15+ years old) she told me that replacing the carpet wasn't necessary since bodily fluids didn't get on the carpet and would just shampoo it. That doesn't exactly make me feel comfortable, also moving into the apartment doesn't make me feel warm and fuzzy either. I feel like something in the apartment needs to change. Someone died in there, the door was kicked down, the frame is broken, but the door still locks so it's okay my landlord says. I'm so bothered by this that I want to stay in the apartment that I am in now, but my landlord is telling me that, that's not really possible since she was going to take the two downstairs apartment, gut them and make it one big apartment for one of her workers and his family. So now I'm out of a home I feel like, I have less than 3 weeks in my current apartment, I won't be able to find something in my price range in that amount of time nor do I want to move into an apartment where a woman died less then 2 weeks ago, they won't paint it, clean it nothing, they will shampoo the carpets that's it. It's not fair. I have lived there for 2 years.

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Linda HastingsPro Member
Rental Property Investor · Stockdale, TX · Member since 2017 · 284 posts · 202 votes
9y

If it was one of my rentals, I would replace the carpet even if someone hadn't died in there since the carpet is 15+ years old. I'm not sure how fast a body decomposes, but I do know that once it does, you would want to replace the padding as well as the carpet. Shampooing may help the carpet, but likely wouldn't take any smell out of the padding.

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  • Augusta, GA · Member since 2014 · 1k+ posts · 1k+ votes
    9y

    "It's not fair."

    Does the place need painting?   

    Look; you were already planning on moving into the apartment already when the former tenant was going to move out.  I'm assuming there was no talk of getting the place painted or the carpet replaced previous to this, correct?

    As was pointed out; if there is no health or safety reason to replace the carpet (i.e., no bodily fluids from this death) then there is no reason to replace the carpet and steam cleaning it is a perfectly reasonable option to do between tenants.

    The bottom line is what is really bothering you is moving into a place where a person died.  Well, in most cases anyplace you rent you will not have the knowledge on what happened to previous tenants; correct?  It's just unfortunate that the person who passed away was someone that you became friends with.


    Gail

  • Linda HastingsPro Member
    Rental Property Investor · Stockdale, TX · Member since 2017 · 284 posts · 202 votes
    9y

    If it was one of my rentals, I would replace the carpet even if someone hadn't died in there since the carpet is 15+ years old. I'm not sure how fast a body decomposes, but I do know that once it does, you would want to replace the padding as well as the carpet. Shampooing may help the carpet, but likely wouldn't take any smell out of the padding.

  • Whitehouse Station, NJ · Member since 2017 · 3 posts · 0 votes
    9y

    Gail, there was no talk of replacing the carpet no, painting? I can paint that doesn't bother me, its the carpet and whatever bacteria or health hazards that could be lingering around. ive been in the apartment since the death, and every time I look at the carpet I'm wondering if bodily fluids did get on the carpet and if my landlords are just being cheap. 

  • Real Estate Investor · Tempe, AZ · Member since 2012 · 874 posts · 648 votes
    9y
    The landlord hasn't replaced the carpet in more than fifteen years. I think you have the answer to your question.
  • HVAC Tech · Fort Wayne, IN · Member since 2015 · 423 posts · 223 votes
    9y
    Ask landlord if she will split new carpet 50/50 w you. If not ask her if you can pay for new carpet. Best of luck.
  • Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
    9y
    if landlord has not replaced carpet in 15 years he should replace carpet. if you agreed to move into the upstairs apartment, that was before there was a dead body decompossing there for 2 days. my argument would be that the apartment advertised to you, was not the same as its current condition. if i were in your situation, and landlord refused to replace carpet in the ubit, simply tell him you have decided not to leave your unit. i guarantee he will replace carpet before deciding to evict you. its kind of a dick move, but in my opinion this person is not operating as an ethical landlord. also, be prepared for a slightly tense situation between you and landlord depending on how much you have to push him. i am no expert and no legal advice is given.
  • Real Estate Agent · Princeton, NJ · Member since 2016 · 1k+ posts · 1k+ votes
    9y
    Logan Bartlett - several potential options: if you didn't give formal notice you're leaving your NJ apt (for the upstairs one), you should have the right to stay in your current apartment despite her wishes to renovate it. Pay current apt rent on June 1st and don't move. Look up NJ tenant rights. Did you sign a new lease? Tell her she has to change the carpet and fix the door or you won't move. (Hardball - with unknown consequences if you did give notice). Say the property isn't in the condition you initially toured it in and signed the lease for... If the carpet is 15 years old, it's fully depreciated so you shouldn't be liable for any stains, rips etc. to it during YOUR tenancy if you keep it. If you wish to be liable for it, then by all means ask her to replace. If you can, try to take photos of black light or similar showing 'invisible' bodily fluids and ask the landlord to be reasonable. If it really really bothers you, get a quote from Home Depot and ask the landlord to split the cost to replace the carpet. It's about $2 PSF + $0.50-1 if you replace the under padding. So a 1000 sf apt might be $3000. Just replacing the carpet/paint in that room should be much less. (Under $500 perhaps.)
  • Augusta, GA · Member since 2014 · 1k+ posts · 1k+ votes
    9y

    "she told me that replacing the carpet wasn't necessary since bodily fluids didn't get on the carpet"

    The former tenant died in the apartment.  There's nothing posted that said she died and lay on the floor for two days.   If there's no bodily fluid in the carpet there's no health or safety reason to replace it.

    I've got carpet in my own house older than this.

    Gail

  • Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    not a win win,,, just plain go shopping for new rental if you can't work it out. City code inspection for the door it should properly close and lock and be secure, as far as carpet, cleaned is clean, so old is old but if no rips or tears or bald spots landlord can keep it.

  • Nicole A.Pro Member
    Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
    9y

    So, when a person dies, their bowels and bladder empty. I suppose that's not considered bodily fluids? Anyway, 15 year old carpet that isn't replaced after a 2-day-old body was on it in a rental kinda tells me what kind of landlord you have.

    Are you sure you can't find something else in your price range within 3 weeks? Have you looked on Craigslist? If you don't have a lot of things/need a lot of space, you could even look to see if anyone in the area rents our their basement.

  • Whitehouse Station, NJ · Member since 2017 · 3 posts · 0 votes
    9y

    @Nicole A.

    Honestly rent can't get any cheaper than this place, it's the nicest place for the price, it's out on a horse farm, super quiet setting, with horses and woods. They are finally putting air conditioners in the two upstairs apartments, and are gutting the two downstairs and making it one big apartment, putting new carpet isn't one of their priorities and they are cheap, so I contacted my landlord and asked if I could replace the carpet, I took the measurements of the apartment and roughly it could cost anywhere from $350-500. 

    Knowing her, she will take some money off of my rent, it's just frustrating as hell that me as the tentant has to go ahead and replace the carpets. 

  • Investor · Riverside, CA · Member since 2015 · 280 posts · 111 votes
    9y

    15 year old carpet should be replaced regardless if a person died on it. But the fact a person died and was there for days I would replace it if it was new,  at least in that room. 

  • Member since 2016 · 13k+ posts · 12k+ votes
    9y

    It's the landlord/owners choice. If she does not see the need to replace the carpet, which may be in excellent condition due to the previous tenant, then she does not need to explain that or justify it to anyone. It is your choice as to whether you wish to live there under the conditions she is offering. What you want is irrelevant if she is not willing to do it. Your emotional issues are not here problem unless she wishes to address them.

    You will need to decide to live there or bite the bullet and move. It is entirely your choice and not the landlords obligation to satisfy your personal issues. 

    The death of the previous tenant is irrelevant if there was no damage to the unit. If she did not die on the carpet or did not leave a stain then it is irrelevant.

    Your emotions are at issue not the state of the apartment.

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