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Apartment was flooded with sewage almost two years ago and contaminated carpet was removed. Owner has finally decided to finally replace flooring and sent tenant a 24 hour notice to remove all furniture from apartment to facilitate this. Person in apartment is a disabled low income tenant and has been inconvenienced
enough by this problem enough already. I know this has happened many times before but I cannot find anything applicable in code or the basic california rental agreement. Does anyone know of an applicable
code or ruling that would cover responsibility for removal of furnishings?
You should seek legal advice but, in my opinion and assuming the sewage overflow wasn't caused by the tenant, the decision to replace the flooring is the LL's and the LL is responsible for bearing the cost of removing and subsequently replacing the furniture. It's also my opinion that if the tenant is unable to use the place overnight, the LL should bear the cost of tenant staying overnight in a motel. Just my opinion and you can probably get a very quick and inexpensive legal opinion - or check with Legal Aid in your area.
A 24 hour notice to remove everything is NOT reasonable.
....... Person in apartment is a disabled low income tenant ......
The best option is to immediately contact the landlord to tell him that the disabled tenant is not physically capable of moving furniture. At that point, something will be negotiated. Either the landlord will get some one to move the furniture or else the tenant will not receive the new flooring.
Just a guess: if the tenant is disabled and low income, the rental is a low rent one. That will be difficult to replace by moving, so it is to the tenant's benefit to try to communicate with the landlord, instead of immediately turning confrontational.
... so it is to the tenant's benefit to try to communicate with the landlord, instead of immediately turning confrontational.
Since the sewage overflow and removal of the contaminated carpeting happened two years ago and only now is the flooring going to be replaced, I'm going to hazard a guess that at no point has the tenant been confrontational. Time to at least get firm, low rent or high rent.
Did the tenant cause the sewage overflow? If so, they probably will have to pay for the cost to move the furniture. If not, it should be the LL's problem.
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