Can I sue my landlord for dirty carpet in my apartment which caused health problems to my family?

I have a letter from the doctor stating that my kids’ skin was effected by the carpet.

Asked on October 23, 2015 under Real Estate Law, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Most likely not: the landlord is not generally obligated to clean your apartment, unless the lease states they provide cleaning services. In addition, there is a legal doctine called "mitigation of damages," which requires you to do what you reasonably can to reduce your injuries or losses, and cleaning the carpet (e.g. you could vacuum, then shampoo it yourself; or hire a carpet cleaning service, like Stanley Steemer) is a reasonable thing you would be expected to try to reduce or eliminate the problem. For these reasons, you are unlikely to win if you were to sue.


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