• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Damaged flooring in apartment

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

reyn562

Member
What is the name of your state (only U.S. law)? South Carolina

I am a power chair user. I have been living in the same apartment complex for three years. Last September, following the death of the previous tenant, I was finally moved into a handicapped-accessible apartment. The flooring and carpeting were replaced. The vinyl flooring covers the kitchen and dining room area, an area I roll around in my power chair quite often. To add to this I have a friend who also uses a power chair, and we often cook and eat together in the apartment.

Because of this the newly-installed floor, made of sheet vinyl and supposedly a superior new product, has been bubbling and tearing. The landlord wants to charge me for a new floor and I don't feel that's right: I think that, knowing my situation, my flooring should have been more compatible with my situation-- perhaps the dining area should have been covered with the same glued-down carpet I have in the living room, or a better floor should have been installed.

Am I correct about this?
 


FarmerJ

Senior Member
Rey fast question , okay the floor covering tore right ? can you tell if the back side (side down to floor) is a grayish fibre type that had glue troweled down before it was laid down ? OR is the backing a light cream color that looks like a soft thin piece of foam with a very thin but distinct change where the top side surface is? and again was glue troweled over the sub flooring then the new floor laid down ? Reason Im asking you is because if they did a floating floor that has no glue used then I would say they did a lousy job installing it knowing that wheeled chairs rolling over flooring can do the same thing as a fridge would , stretch and create bubbles /eventual tears. IF you have to have a third party peel a small area with out tearing it to look for the glue do it. then take pics of it so you can show a court that the flooring was not glued down If this goes that far. I would say if your LL didnt see to it that the entire floor was trowled with glue EVERYWHERE then the LL should bear the burden on this one knowing full well that motorized chairs or wheel chairs at some time would be used. or your LL should have selected another type of flooring like a interlocking laminate or wood floor designed for high traffic or kitchen so it could have been nailed down. SO do some research to learn how that flooring was installed , If you can prove a poor install then that may be the answer to this problem.
 

ecmst12

Senior Member
I would say that if the damage was simply caused by you moving around the floor in a normal fashion, then any damage done is normal wear and tear. Regardless of how long the floor would have lasted if it had only been walked on and not wheeled on.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top