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Short version:
I signed a lease for an all-hardwood apartment. The wood was a selling point and definitely something I was looking for. Some damage was found as the old tenants moved out, and the property manager "fixed" it by removing all the hardwood and putting in cheap laminate. Is that an ok thing to do? I feel like I was mislead and now I'm stuck paying extra for a higher-end apartment but actually getting something worse.
Long version:
I just signed a lease on an apartment where one of the big selling points was a big (~800 sq ft), open living/dining area with all hardwood floors. Soon after I signed the lease, the property manager informed me that they just discovered a small area (10-20 square feet) of the wood floor had water damage but the previous tenant had covered it with furniture so nobody noticed earlier. I was promised that it would be repaired immediately, and it didn't really look that bad anyway, so everything seemed fine. I gave them permission to enter the unit with some flooring guys to assess the situation and figure out when to do the repairs.
The property manager then contacted me to say that, because of the way the wood floors were installed, they couldn't remove a small section and had to replace the entire floor. The workers were to start two days later, would need a few days to finish, and I would still have access to the rest of the apartment (bedroom, bathroom). They spent two days removing the old floors and then on day 3 I came home to find an entire floor had suddenly appeared. The problem is that this new floor is laminate instead of wood. It feels soft and some areas visibly bulge up from the ground (those spots sink in when you step there). I complained to the property manager that they 1) swapped my much-desired hardwood for laminate without telling me, and 2) the laminate isn't even properly installed. They replied that laminate does that sometimes, laminate is a good thing, and overall there is no problem here.
Is it really fair of them to lure me into an apartment with hardwood floors and then swap it out for cheap laminate? I understand they own the unit, but I'm now paying a premium for a feature that no longer exists. I would have preferred the old floors with a small damaged area, but if that wasn't an option I may not have rented this place at all.
I can't believe there was no way to repair the floor. It could have been too expensive to be feasible, though. I've had a couple houses where we have filled in floor air returns to have hardwoods and it was a bit pricey. The whole house had to be sanded and refinished because there was no match available for worn floors installed in the 1940s. Is it possible your case could be similar? No readily available or reasonably-priced replacement?
I tend to doubt they intentionally lured you in with the intention of swapping the floor out. That's not an expense most landlords are thrilled to take on, especially with a tenant already in place. I know I wouldn't want to do it. If it were discovered early enough, it would have been done before a move-in. How much of a premium do you believe you are paying?
Can they do that? Depends on your lease. Technically speaking they cannot just remove a key feature of the unit without giving you a reduction in rent. That is true for all contracts. However, if there is something in the lease that says, "Terms and condition can be changed by Management... blah blah..." Well then you may be out of luck. That's why big corporations have that clause in your contract, so they can reduce your service without penalty.
I agree with spankys that management didn't intend to bait and switch. I don't think it's feasible to have them remove the floor at this point so I'd say your best course of action is to demand a reduction in rent.
If your lease doesn't specify hardwood flooring, there's nothing you can do about it. I doubt that the price of the rental was based on the flooring, even though that was one of the features which attracted you to the place.
Maybe some throw rugs would make it more to your liking? Sorry, but really not much you can do while your lease is in play.
I have read/heard of breaking the lease/rent reductions if a certain feature was no longer available ie gym, balcony or extra storage space etc.
But as others said, unless your lease specifies something about hardwood floors, I don't think you have a leg to stand on. Have you checked to see if you can rent elsewhere on your street for less? Are you really paying a premium for rent because of the hardwood floors? I would search out those listings and print them out if they are comparable to your rental and location and see if you can get a rent reduction. Can't hurt to try.
Meanwhile, take photos and note all and any damage, imperfections, installation issues and email it to the landlord. And keep the replies so you don't get charged for it when you leave.
Thanks for the responses. You're probably right about them not intentionally misleading me before the lease was signed. There is nothing special about the layout (the air vents are in the ceiling) but the property manager's assist told me that "the wood in the unit was discontinued and we couldn't find a match." I don't know floors but I thought you just stain them a color as necessary. The property manager himself said (separately but on the same day) that the entire floor had to be replaced because the wood was glued down and they couldn't remove parts without damaging the rest.
It's hard to say exactly how much of a premium I am paying. I looked at about 10 different apartments in the area before I picked this one, and this was one of only two with all hardwood floors (the rest had carpet). The two with wood floors were a few hundred extra per month from the most similar non-wood place. So in my mind I would say I'm paying a minimum of $100/month for floors I no longer have, but the owner could probably attribute the higher rent to something else. jackmichigan makes a good point, though, which is that they will have a harder time charging the next tenants the same rent.
Also, the lease says the terms are final and has no provision for the owners to change terms without my consent. However, the lease also doesn't explicitly say hardwood floors exist. It was in the apartment listing, and highlighted by the real estate agent, which was why I felt misled to suddenly see laminate.
Thanks for the responses. You're probably right about them not intentionally misleading me before the lease was signed. There is nothing special about the layout (the air vents are in the ceiling) but the property manager's assist told me that "the wood in the unit was discontinued and we couldn't find a match." I don't know floors but I thought you just stain them a color as necessary. The property manager himself said (separately but on the same day) that the entire floor had to be replaced because the wood was glued down and they couldn't remove parts without damaging the rest.
It's hard to say exactly how much of a premium I am paying. I looked at about 10 different apartments in the area before I picked this one, and this was one of only two with all hardwood floors (the rest had carpet). The two with wood floors were a few hundred extra per month from the most similar non-wood place. So in my mind I would say I'm paying a minimum of $100/month for floors I no longer have, but the owner could probably attribute the higher rent to something else. jackmichigan makes a good point, though, which is that they will have a harder time charging the next tenants the same rent.
Also, the lease says the terms are final and has no provision for the owners to change terms without my consent. However, the lease also doesn't explicitly say hardwood floors exist. It was in the apartment listing, and highlighted by the real estate agent, which was why I felt misled to suddenly see laminate.
If you want to pursue it, print out those rent listings and show them to the property manager. However they need to be within your sq footage (off by 10 or so is fine) and have the same ameneties (if any in the building/laundry/access to restaurants and stores etc).
Honestly though, I would just live out my lease and be done with it. At least they didn't give you carpet. I take laminate over carpet anyday.
Honestly though, I would just live out my lease and be done with it. At least they didn't give you carpet. I take laminate over carpet anyday.
It's true, carpet would have been even worse. There are worse things in life than non-optimal floor types and I can just move out after the lease. I would probably be less upset (but still upset) if the laminate didn't have multiple spots that bulge and sink in when stepped on. They're telling me it is normal but my friends with laminate tell me it is not. Should be a fun 12 months.
It's true, carpet would have been even worse. There are worse things in life than non-optimal floor types and I can just move out after the lease. I would probably be less upset (but still upset) if the laminate didn't have multiple spots that bulge and sink in when stepped on. They're telling me it is normal but my friends with laminate tell me it is not. Should be a fun 12 months.
Thanks again everyone.
And make sure you take pictures of those bulges AND note them in an email to the property manager. Heck I would also google and share your concern with what might happen as those bulges and dips can cause the laminate to tear.
I would throw rugs down as those spots too as you do know who will get charged for that as you can't patch laminate either. I would be upset in your case too!
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