I moved into a house where they had previously added a door between two rooms. They never replaced the carpet in the door way. Now, it is bare sub-floor and you can feel the tack-strip if you walk over it with bare feet. I have a small child who is now crawling. We have told the rental agency our concerns about this and they have yet to come up with a solution. If my child, or I become injured from this, can I take legal action against the landlord?
Real Estate Attorney
Can you take a crow bar and remove the tack strip where it is exposed? Since it poses a hazard, I believe you have every right to do so.
Landlord / Tenant Lawyer
The critical thing is to tell the property manager about your concerns in writing. I know they know, that isn't the point. Should it ever be necessary, you need to prove that you advised your landlord of the issue in writing.
You cannot take legal action against a landlord unless or until you can prove you gave them notice and the opportunity to fix the problem. Elizabeth Powell
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