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  1. #1
    Join Date
    Nov 2008
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    3

    Default Is My Landlord Obligated to Replace Bad Carpet

    My question involves landlord-tenant law in the State of: California

    Hi there- my husband and I are renting a condo, and also expecting a baby. We have lived here for a year, and we've had the carpet professionally cleaned twice. All the stains and yuck seems to come back after a month. Bottom line- the carpet is disgusting, so before having our baby, we would either need to move, or get new carpet. We really don't want to move, and we don't want to have to pay for new carpeting in a rental. Is the landlord in any way required to help us get new carpeting? Do we have to prove that it is unacceptable for a baby to crawl or lay on?

    All advice appreciated!

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,069

    Default Re: Is My Landlord Obligated to Replace Bad Carpet

    Before I go digging around in the monstrosity known as the California statutes, have you discussed this with your landlord? What's his position on the matter?
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,650

    Default Re: Is My Landlord Obligated to Replace Bad Carpet

    On a related note, what's the difference between the condition of the carpet now versus when you moved in, and what, if anything, did you discuss with your landlord about the carpet when you moved in? I know what stains are, but what is "yuck"? Are there any holes, gaps, or other physical problems with the carpet? If so, please describe them.

  4. #4
    Join Date
    Nov 2008
    Posts
    3

    Default Re: Is My Landlord Obligated to Replace Bad Carpet

    The owners of the condo we rent live across the country, so we rented it from a local management company. We did a walk-through, the carpet was listed in "good" condition with a few stains, but there is nothing in the lease about repair or replacement, and we have not spoken directly with the owners about it.

    The problem with the carpet is that it is shoddy, poor-quality, cheap carpet. We've had it professionally cleaned twice in one year, and have rented Rug Doctors in between. It never takes more than a few weeks for dirt and stains to show up again. It attracts dirt, and it's just not sanitary enough for a baby. I have no idea how old it is, either, but this place was built in the late 70's, early 80's.

  5. #5
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,069

    Default Re: Is My Landlord Obligated to Replace Bad Carpet

    You didn't find anything amiss when you did the walkthrough?

    When did you decide the carpet was an issue? Did you write or speak to anyone at the management company about it?
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

  6. #6
    Join Date
    Nov 2008
    Posts
    3

    Default Re: Is My Landlord Obligated to Replace Bad Carpet

    The thing is the carpet looks good when it's clean, but it doesn't stay that way. Other than the carpet, we love this place, and we want to stay here. It's a great condo, we're renting at a good price, and we're not the type of people to drag anyone into court over this- it's very hard to find a good rental in CA due to all the foreclosures, so we'd like to stay if possible. We just want to know what is legal if our landlords just put up a brick wall and refuse to pay anything. We're willing to chip in for new flooring, but shouldn't they have to pay something since it's their place?


    Also the baby is a new issue, we didn't expect to get pregnant when we moved in!
    See the predicament....

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,795

    Default Re: Is My Landlord Obligated to Replace Bad Carpet

    The landlord doesn't have to replace carpet because you're sensitive to how it appears when it's dirty, or because it gets dirty in between cleanings. From what you're saying it's no dirtier than any other carpet would be in between cleanings - you just think it looks dirtier. It's your responsibility to keep your apartment clean during your tenancy, not your landlord's. The landlord normally has to replace carpet only if it poses a special health or safety hazard - nails from tack strips coming through, holes or other trip hazards, etc.

    That said, if you're in a rent control jurisdiction, check to see if your rent control board has set a policy on carpet replacement. If it has, whatever the condition of the carpet, after the number of years set in the policy you may be able to compel its replacement.

  8. #8
    Join Date
    Aug 2006
    Posts
    563

    Default Re: Is My Landlord Obligated to Replace Bad Carpet

    When using a shampoo process make sure that you remove as much residue as possible. If too much carpet cleaning residue is left in the carpet it can act like a dirt magnet and get your carpet dirty faster. One foolproof method is to use a carpet cleaner for either method that uses encapsulation technology. This means the dirt is removed from the carpet and any residue that is left behind will dry to a crystal and can be vacuumed out. Using this type of carpet cleaner will not get the carpet dirty faster and in most cases will leave your carpet cleaner.

    all carpets carry dirt germs and bacteria. give your carpet a good steam rinse with no soap. then use a bed sheet to cover an area that the baby will be on.

    if your worried abound germs and stuff. just because you get a new carpet and it "looks clean"
    But the dust and dirt is still there---damaging the carpet fibers and releasing particles into the air we breathe. I read one study that claimed that only one square foot of modern carpet can hide one pound of dirt and still look "clean"!

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