What are my options if the manager of my apartment complex wanted me to give up my lease for the stains in my carpet? 5 Answers as of April 02, 2014

Can you get kicked out of your apartment for stains on your carpet? The manager of my apartment complex doesn't like the stains in my carpet. I have lived there for 8 years and wanted me to give up my lease. She doesn't want to give me anything in writing either, she verbally said so. What are my options?

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Law Office of Jeffrey T. Reed | Jeffrey T. Reed
Stay and keep your rent current until the lease is up, or until she gives you a written notice.
Answer Applies to: California
Replied: 4/2/2014
S. Joseph Schramm | Joseph Schramm
You have a right to keep your lease to the end of its term as long as you are current in your rent and do not damage the apartment beyond the normal wear and tear one could expect from eight years of tenancy. If the landlord feels that the stains exceed the ordinary wear and tear one could expect and are so bad that they constitute a breach of the lease agreement, the landlord can then go to the District Magistrate to file eviction proceedings. Even then, as long as a person is current in their rent, district justices will generally be hesitant to evict a person because there are some stains on the carpet.
Answer Applies to: Pennsylvania
Replied: 4/2/2014
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
I do not understand, if the stains are in your apartment's carpet, why that would be of current concern to the manager. If they are your fault it is possible that you will be liable for their removal or a replacement carpet.
Answer Applies to: Michigan
Replied: 4/2/2014
Patrick W. Currin, Attorney at Law | Patrick Currin
Your security deposit covers damages such as these, although you can be personally responsible if the damage exceeds the deposit. If you are month to month she can give you 60 days notice and there is nothing you can do about it (in most jurisdictions). If you have a term lease that has time on it she can only force you to leave if in creating the stains you somehow violated the lease, i.e. cooking meth, freebasing cocaine, that type of thing.
Answer Applies to: California
Replied: 4/2/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
Tell her no, you will not be leaving. You are complying with the lease and so must she.
Answer Applies to: Idaho
Replied: 4/2/2014
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