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How often does a landlord have to replace carpeting in an

 

Customer Question

How often does a landlord have to replace carpeting in an apartment/unit?

 

Optional Information:
Country relating to Question: United States
State (if USA): California

Already Tried:
I've looked in tenants rights books, researched online, asked other apartment managers. I get different answers from everyone. I need the real answer.

Submitted: 391 days and 2 hours ago.
Category: Landlord-Tenant
Value: $28
Status: CLOSED

Accepted Answer

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Expert:  barristerinky replied391 days and 1 hours ago.

Hello,

According to the CA Dept of Consumer Affairs, a landlord has no duty to make improvements to a property during the tenancy. They only have to provide a "safe and habitable environment". The landlord is not under any legal obligation to update a unit with new paint or floor coverings unless they could possibly constitute a safety or health hazard. (i.e. vinyl flooring is coming up and creating a tripping hazard).
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Landlords are required under California law to properly maintain the premises in a "safe and habitable manner". The landlord would be required to recarpet the rental unit in the event that the failure to do so has become a health and safety hazard
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About the only thing tenant could do is try to negotiate with the landlord for a small rent increase in return for the landlord replacing the carpet or replace it themselves at their cost with the landlord's written permission.
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Thanks.

Barrister

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Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

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Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes, depending on the level of complexity. But rest assured, I will get back with you as soon as I am able.

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If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

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Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

barristerinky41054.0597144329

Expert TypeAttorney
Category: Landlord-Tenant
Pos. Feedback: 97.2 %
Accepts: 805
Answered: 5/25/2012

Experience: Attorney for over 13 years, landlord 24+ years

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