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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 99416
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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When does a landlord have to replace laminate flooring?

Customer Question

when does a landlord have to replace laminate flooring?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: California
JA: Has any paperwork been filed?
Customer: No, I wanted to know my rights before I asked the landlord.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The floor is in the bathroom, and is probably damaged more or less by water from the shower. there is a whole in one corner where spiders always come out of, and in the rainy season, ants. there is also one corner that is just damaged for unknown reasons. we have a dog, a service dog, landlord told us we can have dog but we will not get our deposit back. we have been there about 7/8 years.
Submitted: 30 days ago.
Category: Real Estate Law
Expert:  Ely replied 30 days ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

There is nothing in California statutes about laminate flooring specifically. California states that the landlord owes the tenant a warranty of habitability which includes:

Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.
Plumbing facilities in good working order, including hot and cold running water, connected to a sewage disposal system.
Gas facilities in good working order.
Heating facilities in good working order.
An electric system, including lighting, wiring, and equipment, in good working order.
Clean and sanitary buildings, grounds, and appurtenances (for example, a garden or a detached garage), free from debris, filth, rubbish, garbage, rodents, and vermin.
Adequate trash receptacles in good repair.
Floors, stairways, and railings in good repair.

In addition to these requirements, each rental unit must have all of the following:

A working toilet, wash basin, and bathtub or shower. The toilet and bathtub or shower must be in a room which is ventilated and allows privacy.
A kitchen with a sink that cannot be made of an absorbent material such as wood.
Natural lighting in every room through windows or skylights. Windows in each room must be able to open at least halfway for ventilation, unless a fan provides mechanical ventilation.
Safe fire or emergency exits leading to a street or hallway. Stairs, hallways, and exits must be kept litter-free. Storage areas, garages, and basements must be kept free of combustible materials.
Operable dead bolt locks on the main entry doors of rental units, and operable locking or security devices on windows.141
Working smoke detectors in all units of multi-unit buildings, such as duplexes and apartment complexes. Apartment complexes also must have smoke detectors in common stairwells.
A locking mail box for each unit. The mail box must be consistent with the United States Postal Service standards for apartment housing mail boxes.
Ground fault circuit interrupters for swimming pools and antisuction protections for wading pools in apartment complexes and other residential settings (but not single family residences).

What you describe falls under "Clean and sanitary buildings, grounds, and appurtenances," arguably. Therefore, a landlord likely would have to replace the floor if it makes the property not being able to be lived in, or at least to something to take care of the issue.

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