Tenant says a death in the unit years ago causes a hygiene issue

[Shefali R.]

Hi - we bought a 2 bed condo last year from Fannie Mae and subsequently rented it to a young couple with a baby. We understand the previous owner (before Fannie foreclosed it) had died in the unit a couple of years ago.

The tenants called us today and said that some neighbors mentioned that there was a prior death in the unit and that they are worried about hygiene issues for their baby from the carpet (the carpet is v clean and looks good in the bedrooms but is the same as the prior owners). They have requested that we change the carpet due to these hygiene issues for the baby.

The couple is also generally a high maintenance couple (this is their first ever rental) and has been calling pretty consistently over minor issues. we have been tolerant so far.

How would you advise we approach this - what is our obligation and should we have any legal concerns. the property is in NJ.

Thanks!

[Marcia Maynard]

Did you have the carpet professionally cleaned prior to their tenancy? If not, have that done now. Did the previous owner die of a communicable disease that can be transmitted by contact with surfaces such as a carpet? Has anyone been living in the apartment between the deceased owner and this tenant?

Make sure the carpet has been thoroughly cleaned. Present information from a reliable source, such as the public health department, that a situation of a communicable disease doesn't not exist. Offer the tenant the opportunity to continue to rent the home, or to put in their legal notice to vacate. 

Basically, you are renting the unit "as is". Meet them halfway be offering to let them move out, without consequence. If they have a lease, let them break the lease without penalty. It's best not to force people into a situation in which they don't feel safe. Whether their concerns are justified, or just based on their perceptions.