DOES THE LANDLORD HAVE TO CLEAN THE APARTMENT BEFORE I MOVE IN?

QUESTION:

What can I do about a landlord who promised a clean and newly
painted apartment before we moved in, but didn't deliver? We
have moved in because we had nowhere else to go, but I am
concerned about our children's health and the total well-being
of our family. Can I report the unhealthy living conditions to
the health department? Please let me know of my legal rights or
how to go about this problem in a dignified manner.

ANSWER:

If the unpainted and unclean conditions are genuine health
risks, you should certainly take action. Call the health
department and describe the situation. Depending on the agency's
workload and the severity of the problems, you might get some
action. If you're worried about deteriorating lead-based paint,
by all means call.

For tenants facing seriously harmful conditions, many states
have enacted remedies that let them repair the problems and
deduct the cost from the rent, or withhold rent until the
landlord accomplishes the cleaning and repairs. If your state
has these remedies, check them out. Be careful, however, to
follow the letter of the law when taking these steps.

And in the future, get that promise in writing before you move
in. That way, you have a contract that you can point to if you
need it later.

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