QUESTION
What legal action can a tenant do if the landlord changed his mind in replacing the apartment's carpeting?
Asked on Apr 04th, 2014 on Landlord and Tenant Law - Nevada
More details to this question:
On January 1, a guy met with a landlord for the purpose of leasing a 2 bedroom apartment. A written lease was prepared and signed by both parties. The terms of said lease called for rent in the amount of $850 per month for one year with the tenant being responsible for gas and electric. After signing the lease, the new tenant noticed that the apartment’s carpeting was rather worn and stained. the landlord then promised to replace the carpeting within the next two months. After 3 months the landlord refused to install new carpeting and told the tenant that he had changed his mind? Does the tenant have any cause of action against landlord for breach of contract?
2 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Very, very doubtful unless there is a contract in.
Answered on Apr 04th, 2014 at 7:07 PM
The tenant would have a lawsuit for breach of oral contract, since the promise apparently was not made in the written lease. The tenant would need to prove the promise to a judge, probably in small claims court. I suggest that the tenant send a letter to the landlord describing the promise and demanding that the carpeting be replaced. Keep a copy of the letter and use it in the small claims lawsuit.
Answered on Apr 04th, 2014 at 1:30 PM