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California Corporate Landlord Refuses to Replace Old Carpet

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  • 02-17-2020, 04:18 PM
    CarpetClean
    California Corporate Landlord Refuses to Replace Old Carpet
    My question involves landlord-tenant law in the State of: CA

    I've lived in my apartment for 6 years. Upon move in, I was verbally told that the carpet in my unit was 2 years old (which makes it 8 years old, now).

    At lease renewal a month ago, I asked for the carpet to be replaced with vinyl. The hairs are splitting. It looks ugly but is not (yet?) a safety hazard. My lease clearly states that I would not be charged for carpet replacement after 5 years of stay. The property manager wrote down my request and said that she would tell corporate to replace the old carpet with vinyl.

    I heard back on Friday that my request has been denied and that I should do a "power wash" to make it look "clean and fresh". It further claimed that the carpet was new when I moved in! When I asked for purchase & installation records the leasing agent claims that she cannot give me this info as it has the installer's and former tenants info on it.

    What are my options here? Do I have any options? Can a landlord or its agent refuse a request to replace an 8-yr-old carpet? Also, can the landlord refuse to give me installation proof / invoice?
  • 02-17-2020, 05:56 PM
    adjusterjack
    Re: California Corporate Landlord Refuses to Replace Old Carpet
    Quote:

    What are my options here? Do I have any options?
    No, you have no options.

    What you should have done was give your move out notice for the lease expiration with the proviso that you'd renew if the carpet got replaced before you signed any renewal.

    Your power was in your hand (your signature). Once your signature left your hand, no more power.

    Quote:

    Can a landlord or its agent refuse a request to replace an 8-yr-old carpet?
    Yes.

    Quote:

    Also, can the landlord refuse to give me installation proof / invoice?
    Yes.

    If he ever tries to charge you for the carpet and you end up in court, then he'll have to present it.

    I hope you took pictures of the carpet and the rest of the premises when you moved in. If not, take them now, and again when you move out.

    At next renewal, tell your LL that you'll be moving if he doesn't replace the carpet before you sign for the renewal. If he balks, move to a place with better flooring.
  • 02-19-2020, 09:47 AM
    pg1067
    Re: California Corporate Landlord Refuses to Replace Old Carpet
    Quote:

    Quoting CarpetClean
    View Post
    What are my options here? Do I have any options?

    Options for what?


    Quote:

    Quoting CarpetClean
    View Post
    Can a landlord or its agent refuse a request to replace an 8-yr-old carpet? Also, can the landlord refuse to give me installation proof / invoice?

    According to your post, your landlord and the landlord's agent did do both of these things, so it should be obvious that they can do them.

    Your landlord has no legal obligation to replace your carpet (regardless of the carpet's age) or to provide you with "installation proof/invoice." What would make you think you're entitled to those things?
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