question about renter rights

[Skie]

Ok so in august I moved into this apartment. The carpet was horrible it had yellow piss stains all over it and we asked the landlord if she would replace it and she said "yes but she couldn't get an appointment till the end of august". We agreed and moved into the apartment. On the lease she wrote "Carpet to be replaced as soon as appointment available". Come the middle of September i'm sick of the carpet and want it replaced and call the landlord and try to find out wtf is going on. She says she will get an appointment blah blah blah. I call again and she says they have an appointment to do a bunch of apartments in our complex on sep 23 and 30 but had to reschedule them and they haven't contacted her back yet. Come October when rent was due we said we have had enough and wrote a formal statement saying that we want it fixed by oct 31 or this letter is considered a 30 day notice and we expect a full refund of all our deposits and voiding of the lease. She refused to sign it although we made her write on a piece of paper that the carpet would be replaced by 10/31/10 and she signed and dated it. We then sent out the same basic letter saying that this is our 30 day notice if not replaced blah blah. We have the receipt of it being signed for. She also said it would be done in about 2 weeks. On oct 20 it had been almost two weeks and we called her asking wtf was up and she said we have an appointment to have it replaced 10/27/10 afternoon. On 10/27/10 morning she called and told us they had to reschedule to Friday at 1 p.m because it was raining.... now it is Friday at 6:24 and haven't heard anything. What can we do? At this point we want out with full deposits back and we believe that the lease is void come Sunday (they wont do it on weekends they don't work). Monday do we tell her we want out? What if she says that we are breaking the lease will a lawyer agree with us and contact her then take her to court? is it worth taking her to court over $600 (if we break the lease we lose our 600 deposit + owe her 750). Are there free lawyers that handle this kind of work? What are our options. Other information is that we have payed our rent on time every month and have receipts for each payment and we live in Alabama, we have the signature for the letter as well as the paper stating it would be replaced on the 31'st and the original lease stating it would be replaced as soon as appointment available.

Thanks

[jmc]

It sounds like a break of a signed lease to me.... once the carpet was not replace by august. Renter laws vary by state, so its best to call your AG's office and contact a lawyer.

Unless you a military vet, I don't know of any lawyers that would do this type of work free of cost.

*edit*

For general term on how state laws can vary on renter agreements.

Here in MA, for a situation like this. The renter can hire a company on his own to do the work, then subtract the cost from their monthly rent payments. So if the carpet cost $600 to install, and rent is $1000 a month you would submit a $400 rent payment and the receipt for the work.

Again, just a example. So, don't go out and do that without finding out your actual state laws on the subject.

[Ksandra]

Do you have renters insurance? If so call them first. If not small claims doesn't need a lawyer. Just bring in all your documents.

[Skie]

I'm covered under my parents insurance up to i think around 2,000 on renters insurance. As for doing it our self it says on the lease that we are not allowed to make any alternations to the apartment and that if we replace anything in the apartment that we are responsible for the fee's.

[Atreides]

apparently renter's insurance doesn't cover paragraph breaks

[Altariel]

If you decide to actually act on your letter and move out at the end of the month, make sure to review your lease and follow whatever move out procedures are outlined exactly. You don't want her to have any grounds under which to claim a right to keep the deposit. Along those same lines, you should probably make sure she is aware that you actually intend to follow through with the letter and terminate the lease at the end of the month. After you move out, send a certified letter stating that you moved out due to lack of compliance with the terms of your lease and making demand for return of your security deposit within something like 7 business days. If she doesn't comply (she probably won't) you would need to sue her in small claims court for material breach of contract. I'm no lawyer so don't take it as legal advice but if you have this written in the lease as you stated, I would assume that you would have a good chance of prevailing. Small claims courts vary by jurisdiction but it is quite likely that you would not be able to be represented by a lawyer in court, but assuming the deposit is large enough to justify spending a little bit of money to get it back, you'd be best to consult with a lawyer to make sure your i's are dotted and your t's are crossed before you do anything. Many reputable attorneys will do a free initial consultation to discuss the matter and what they can do for you at what price.