pay for it myself, or is it the landlord's reponsibility?

[Isis1]

Wooohooo! it's Sunny California today!

hi, gals and guys.

i'm doing some searching trying to find out if the landlord is required to change/replace carpeting during residency.

facts, hubby has been living here since 8/11. 8.5 years.

what i'm not quite clear on is if the carpet was brand new upon move in. nor what is the actual carpet's life expectancy is.

i've found tons of stuff about being charged for the carpet replacement from the security deposit upon move out.

with a cat, 4 kids (potty training, food and drink spillage, art projects,) a dog. two birds and regular wear and tear. it's not pretty. it's also a hideous green color.

while i found lots of stuff on depreciation value, formulas, and withholding security deposits, i can't seem to find anything under replacement during tenancy. before i give up and tell the hubby "we just need to pay for it ourselves", i was hoping to ask here. see if anyone knew of something i was missing.

thanks alot!

 

[xylene]

You cannot force the landlord to replace the old carpet.

You cannot install replacement carpet yourself without the landlord's permission.

If you do choose to install carpet at your own expense, with or without the landlord's consent, understand the carpet then belongs to the landlord. You should get his permission in writing, ideally in an addendum to the lease (so you don't have to the pay damages for carpet you installed....) If you do not get the landlord's permission, the landlord could claim your new carpet is actually damage.

Premise wear is one reason why apartment tenures are not so long as yours typically.

A stop gap solution to worn wall-to-wall is area rugs and carpet runners.

Your landlord should not charge your security deposit for the worn out carpet as it has been fully depreciated during the course of your long tenancy.

 

[FarmerJ]

At 8.5 yrs the carpet has seen its useful life gone, You should take pics of it now for your own records and document its condition and IF there is hard wood flooring underneath it if you really dont want it I would say to ask the LL in a letter sent via certified mail for consent to tear it out and just clean up the wooden floors good and use area rugs until your tenancy ends , inc a SASE with simple letter date and place for LL to sign it saying he gives (tenant name____) consent to remove the carpeting with out penalty) sign and return it to you , if LL goes for it thats all good save the signed consent in safe place so LL cannot later on claim you owe for carpet. If LL will not then maybe hire out a local pro carpet cleaner and try having it cleaned then cover it with area rugs.

 

[sandyclaus]

Wooohooo! it's Sunny California today!

hi, gals and guys.

i'm doing some searching trying to find out if the landlord is required to change/replace carpeting during residency.

facts, hubby has been living here since 8/11. 8.5 years.

what i'm not quite clear on is if the carpet was brand new upon move in. nor what is the actual carpet's life expectancy is.

i've found tons of stuff about being charged for the carpet replacement from the security deposit upon move out.

with a cat, 4 kids (potty training, food and drink spillage, art projects,) a dog. two birds and regular wear and tear. it's not pretty. it's also a hideous green color.

while i found lots of stuff on depreciation value, formulas, and withholding security deposits, i can't seem to find anything under replacement during tenancy. before i give up and tell the hubby "we just need to pay for it ourselves", i was hoping to ask here. see if anyone knew of something i was missing.

thanks alot!

I remember seeing this issue once, but it involved a tenant who was receiving Section 8 assistance. The Section 8 inspector noted several deficiencies, and a clearly dirty, scummy carpet due to age and use, but they did not require the LL to replace it.

Cal Civil Code 1941.1, simply says that "Floors, stairways and railings must be maintained and safe". But California H&SC 17920.3(a)(3) goes on to say that "General dilapidation or improper maintenance" is considered a violation to the extent that it endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof.

With all the wear and tear you describe, I can't help but think that in it's old age and condition, that carpeting just might fall into the "general dilapidation" category, but that would take a code enforcement inspection to make the ultimate determination. If you end up going that route, and the inspector ends up citing LL and requiring him to replace the carpeting as a result, your LL may not be all that happy with you.

Just remember that if you do replace the carpet yourself, then your LL will probably end up making you foot the tab for the cost of it (unless, of course, in your infinite wisdom, you manage to get something in writing from them saying they will pay for it, or that they will give you a credit on your rent for it). Is the thousands-of-dollars cost to do that worth it when you have to leave it behind if/when you ever decide to move out?

 

[Isis1]

You cannot force the landlord to replace the old carpet.

got it!

You cannot install replacement carpet yourself without the landlord's permission.

not a problem. i'll get permission. he let's me do anything i pay for.

If you do choose to install carpet at your own expense, with or without the landlord's consent, understand the carpet then belongs to the landlord.

would never consider doing it without his permission.


You should get his permission in writing, ideally in an addendum to the lease (so you don't have to the pay damages for carpet you installed....) If you do not get the landlord's permission, the landlord could claim your new carpet is actually damage.


i will definitely write that up for the landlord.

Premise wear is one reason why apartment tenures are not so long as yours typically.

got it.

A stop gap solution to worn wall-to-wall is area rugs and carpet runners.

ew. no. but thanks for the suggestion.

Your landlord should not charge your security deposit for the worn out carpet as it has been fully depreciated during the course of your long tenancy.

got it. thank you!

time to go carpet shopping!!

 

[Isis1]

I remember seeing this issue once, but it involved a tenant who was receiving Section 8 assistance. The Section 8 inspector noted several deficiencies, and a clearly dirty, scummy carpet due to age and use, but they did not require the LL to replace it.

Cal Civil Code 1941.1, simply says that "Floors, stairways and railings must be maintained and safe". But California H&SC 17920.3(a)(3) goes on to say that "General dilapidation or improper maintenance" is considered a violation to the extent that it endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof.

With all the wear and tear you describe, I can't help but think that in it's old age and condition, that carpeting just might fall into the "general dilapidation" category, but that would take a code enforcement inspection to make the ultimate determination. If you end up going that route, and the inspector ends up citing LL and requiring him to replace the carpeting as a result, your LL may not be all that happy with you.

Just remember that if you do replace the carpet yourself, then your LL will probably end up making you foot the tab for the cost of it (unless, of course, in your infinite wisdom, you manage to get something in writing from them saying they will pay for it, or that they will give you a credit on your rent for it). Is the thousands-of-dollars cost to do that worth it when you have to leave it behind if/when you ever decide to move out?

not section 8 so that doesn't apply. definitely not trying to bully the landlord into anything. just want to get started on presenting it to him. he lets me do whatever i ask. and i'm not quite ready to move from the area for school purposes so we'd like to stay her longer. i just want to make it pretty while i'm still here. that's really the reality of it.

 

[John_DFW]

At 8.5 yrs the carpet has seen its useful life gone, You should take pics of it now for your own records and document its condition and IF there is hard wood flooring underneath it if you really dont want it I would say to ask the LL in a letter sent via certified mail for consent to tear it out and just clean up the wooden floors good and use area rugs until your tenancy ends , inc a SASE with simple letter date and place for LL to sign it saying he gives (tenant name____) consent to remove the carpeting with out penalty) sign and return it to you , if LL goes for it thats all good save the signed consent in safe place so LL cannot later on claim you owe for carpet. If LL will not then maybe hire out a local pro carpet cleaner and try having it cleaned then cover it with area rugs.

While I think removing the carpet to use hardwood floors if present is a good idea and possibly a cheap and easy solution for the landlord, I would use caution in that the wood may not be in a condition to use. There was a large period of time that people installed carpet over perfectly good hardwood floors due to increased popularity of carpet, but that is also a cheaper solution than refinishing or replacing severely damaged wood flooring.

Even if the wood was in good shape when the carpet went in, the carpet tack strips and if glue was used for the pads may render them in bad shape.

It might be better then bad carpet however. Just something to keep in mind.

I also second the professional cleaning, I have done this in rentals and have been absolutely amazed at the difference, and have at times returned carpet in better condition that when I moved in.

 

[Searchertwin]

with a cat, 4 kids (potty training, food and drink spillage, art projects,) a dog. two birds and regular wear and tear. it's not pretty. it's also a hideous green color.

Don't be surprised if LL wants to take a look at the floor. If there are damages from all of the above, you will be charged for replacement/repair of floor.
Those are not "wear and tear" charges.

He will do it now or at end of tenancy, when he gets rid of the carpet.