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Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33227
Experience:  15 years real estate, Realtor. Landlord 26 years
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My landlord offered to replace my current carpet since it was

Customer Question

My landlord offered to replace my current carpet since it was almost legally time.
Because he is doing renovations to other units and is installing laminate floor in them- I was offered the chance to have the same color carpet installed or laminate flooring.
I spoke with the manager about what laminate was avIlable. We agreed on light brown laminate. That is the only color I wanted, otherwise I would take carpet. I sent samples of light brown floor I wanted and asked if the landlord was willing to do that color and lightness of flooring Because I recently redecorated I was only willing to do light brown floor. If it was not acceptable or available I was happy to do carpet instead. I was told yes, light brown was what the owner wanted.
I was reassured many time in person and over text that the floor would be light brown.
The installation was to happen while I was on vacation. I returned home to find the project barely started and noticed they were installing dark cherry floor. I immediately called the manager to stop it and told the guys installing it.
The manager later came to take photos and verbally confirmed that it was the wrong floor.
When I asked for the correct floor to be put in they told me no and served me with intent to enter so I will be forced to let them finish putting in the wrong flooring. I am a tenant of 15 years. I am sad to be treated this way.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Barrister replied 6 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..I have read your comments, but I am not quite sure what your legal question is....If you can post your legal question I will try to help...Also, what state is this in?..thanksBarrister
Customer: replied 6 months ago.
My legal question is: can I do something? Can they do this? Can I force them to take it out and honor the agreement? Can I force mediation?
Can they agree to put in one color of flooring and then admit the wrong floor was put in and refuse to take it out and honor the agreement?
State is California.
They totally agree this floor was purchased for a different building an accidentally installed in my unit. After the first day(Monday) I posted a note not allowing workers in my unit since I want the floor taken out.
They just served me with a 24 hr intent to enter for Monday. Where they will keep installing the wrong floor. Help!
Customer: replied 6 months ago.
Should also mention, hallway is stripped to plywood since the floor isn't finished
Expert:  Barrister replied 6 months ago.
This is one of those situations where I have to be the bearer of bad news, so please don't "shoot the messenger". .The problem here is that the landlord owns the property and they have the legal right to install whatever type of flooring that they want to in their property. You have the legal right to use and occupy the property under your lease agreement, but they own it..So they get to make the decisions about what materials to use in any updates, even if you don't agree with their decision and even though the told you that they would put in something else...Now if you were paying for the flooring, you have the right to decide whatever color you wanted to have installed (as long as the landlord ok'd it). .But unfortunately, you have no legal standing to determine what type of materials that the landlord installs in the property...I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy.....thanksBarrister
Customer: replied 6 months ago.
Thank you. This sucks. But I understand. They installed very dark floor in my beautiful light apartment by accident and now refuse to remove it even though I was give the choice of light carpet which I would have obviously chosen instead.
Customer: replied 6 months ago.
One last question, if they are going to install anyone can I force them to do it sooner since the floor is hazardous in the current condition?
Expert:  Barrister replied 6 months ago.
They have a legal duty to make any repairs or complete any job within a reasonable time period of starting the job. And if they are coming back on Monday, that would probably be considered a reasonable time since your objections to their work was the reason that it was stopped initially....But if you contacted them about the flooring and told them it was hazardous and a tripping hazard and you would agree to allow them back in to speed up the installation, they might come back sooner..I am sorry that the news isn't better for you as I agree that after 15 years, the landlord should have extended you a little courtesy and honored what they said they would do..thanksBarrister
Customer: replied 6 months ago.
Can I force mediation?
Expert:  Barrister replied 6 months ago.
There really isn't anything to mediate.. You don't have any legal rights to decide what the landlord does with their property. The landlord owns the property so they determine what materials that they want to install in their property..If you owned it then you would get the right to decide what you want installed and how to update it...thanksBarrister
Expert:  Barrister replied 6 months ago.
Did you have any other questions I can assist with?..thanksBarrister
Customer: replied 6 months ago.
No, just sad that people are not very good people these days.
What you can legally get away with and what is right are not always the same.
I spent 132 days in a row last year without a day off to afford all new things and I repainted and made the apartment perfect. I was happy to keep the carpet instead of floor that didn't match or was dark.
But they told me they were installing light brown, admitting to screwing up and installing dark cherry floor and now refuse to fix it. Even thought I have been here for 15 years, never have been late on rent and don't cause any problems.
The floor makes my place dark and clashes with everything I recently purchased. I am very sad living in this space. They have refused to have any conversation except through the manager who has no power and consulted their attorney to make sure they can enter and finish the floor that I never agreed to. The sad part is they could have saved money and just gave me carpet and we both would have been better off. Now they spent lots of money and I have an apartment that I am sad to live in
Expert:  Barrister replied 6 months ago.
I have to agree with you.. I have been a landlord for over 26 years and will bend over backwards to help my long term tenants... but that is just me..Just because you can doesn't mean that you should....I am sorry that your landlord apparently is a jerk....Barrister

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