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Old 09-16-2018, 03:59 PM
 
1 posts, read 10,157 times
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Hello, I've lived at the same apartment for the past 10 years and a few months already, I recently asked the owner of the apartment complex if my carpet could be replaced because it is not sanitary anymore, the carpet is worn out from living here in the past 10 years. It is not in horrible conditions but even after a few washes the same stains keep coming back out and it just feels flat almost as if I'm walking on the plain floor now. The owner refused to change it and said the only way to replace it is if I move out. I am wondering if there is a law or anything I could use in my favor to send him a professional letter requesting the change of my carpet. I would really appreciate the help if anyone knows any valid California laws and links I can use to include to proceed with the request. Thank you
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Old 09-16-2018, 04:30 PM
 
Location: Long Island, NY
1,898 posts, read 2,835,338 times
Reputation: 2559
Does the carpet pose a significant health or safety issue? If not, the landlord is not required to replace the carpet.
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Old 09-16-2018, 04:55 PM
 
2,589 posts, read 8,636,513 times
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If you have been living there for 10 years, he is likely not getting market rent from you. At this point, it probably costs him money to have you live there, and he wants you to move, which is why he said that he is not replacing the carpet until you do. He is not going to make it more pleasant for you to stay. If you plan to live there much longer, you might consider replacing the carpet yourself. Cheap carpet is cheap.
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Old 09-16-2018, 05:30 PM
 
28,114 posts, read 63,647,953 times
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The wool carpets in Grams home are from the 1950 and cost a pretty penny back then... the carpet store owner said it will last a lifetime... and it did and beyond.

You can't put an arbitrary number on something like floor covering... not only the quality but exposure determine life...

I had a new tenant was brand new carpet in a single family home... she had only been there a short time and set down a grocery bag with a bottle of bleach that leaked... it permantly damaged the carpet... she was horrified and said she would cover it with a rug.

She moved 9 years later and said she expects to pay for carpet... I told her not to worry about it as I typically change carpet that is 10 years old when at rental turns over...

I gave her back her security in full... we both were happy.

I think you have a perfect case to not incurr any carpet charges when you move.

Unless the carpet presents a tripping hazzard I doubt there is much that can be made of it...

Dirt/Stains are not wear and tear...

Also... my carpet contractor simply no longer moves tenant items... they refuse... to many issues... things like the cable no longer works or the bed leg is bent, or somehting is missing or Grandma's priceless heirloom hutch is damaged...

Few tenants are willing to remove and replace furniture... almost across the board... with very few exceptions...

I deplore improvement in occupied units... it is generaly twice the trouble and more costly.

How often have you had the carpet professionally cleaned?

Proper cleaning is key to longevity.
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Old 09-16-2018, 10:31 PM
 
3,617 posts, read 3,882,175 times
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Quote:
Originally Posted by katenik View Post
If you have been living there for 10 years, he is likely not getting market rent from you. At this point, it probably costs him money to have you live there, and he wants you to move, which is why he said that he is not replacing the carpet until you do. He is not going to make it more pleasant for you to stay. If you plan to live there much longer, you might consider replacing the carpet yourself. Cheap carpet is cheap.
If you are rent controlled, this. A landlord in a rent controlled apartment is not going to willingly do squat. From their perspective, why would they spend money to make you more likely to stay? Lose/lose. I don't know what the law is, but either it's not with you or it is with you and it will be likely cheaper to just replace the carpet yourself than to pry it out of them with a lawyer.

If you are paying market rent send them pictures and say you're just looking for the carpet to be fixed, not for accommodations while it is, and you'll accommodate any asks of the company doing it to make it easier. Be friendly, show the present state (if it really is that bad), and make it clear you won't make it any harder or more expensive for them than doing it when vacant.
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Old 09-16-2018, 11:44 PM
 
Location: Silicon Valley
18,813 posts, read 32,484,481 times
Reputation: 38575
Quote:
Originally Posted by toothfairy44 View Post
Hello, I've lived at the same apartment for the past 10 years and a few months already, I recently asked the owner of the apartment complex if my carpet could be replaced because it is not sanitary anymore, the carpet is worn out from living here in the past 10 years. It is not in horrible conditions but even after a few washes the same stains keep coming back out and it just feels flat almost as if I'm walking on the plain floor now. The owner refused to change it and said the only way to replace it is if I move out. I am wondering if there is a law or anything I could use in my favor to send him a professional letter requesting the change of my carpet. I would really appreciate the help if anyone knows any valid California laws and links I can use to include to proceed with the request. Thank you
No. There is no law that says a landlord must change the carpet at any time, unless the current carpet somehow is a health hazard. For instance, if it is somehow causing you to trip and fall down.

The upside is that your landlord can't charge you for any damage related to the carpet, because it's so old.


Here is a link to the CA Dept of Consumer Affairs landlord tenant handbook. For some reason, it's no longer on their website, but it's available here:

http://publichealth.lacounty.gov/eh/...e/tenright.pdf

Look at the section regarding security deposits and charges that are legal for landlords to charge against them.
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Old 09-17-2018, 09:04 AM
 
Location: North Idaho
32,636 posts, read 47,986,069 times
Reputation: 78368
The stains and dirt are up to you. Myself, I wouldn't give any brand new carpet to a tenant who stained the carpet they were living on. That tenant would most likely stain the new carpet.

In order to replace carpet, all of your furniture has to be removed, and all at the same time, because a carpet layer will not do a house one room at a time. Your landlord is not going to move all your furniture out, put it into storage, and then move it all in again. Are you will to do all that moving, yourself, at your own expense?

I'm thinking that as long as you are willing to pack up and moving every thing out, you might as well pack it up and move into a new apartment that has new carpet.
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Old 09-17-2018, 12:36 PM
 
Location: North Idaho
32,636 posts, read 47,986,069 times
Reputation: 78368
Your landlord appears to be unwilling to replace your carpet. If you can't stand the carpet, you can move, or you can buy a nice looking 8x10 area rug for about $200. Put a colorful rug on top of the carpeting and if you decide to move out later, you can take the area rug that you paid for with you. It isn't attached to the buiding, so you treat it like furniture and move it out with your furniture.
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Old 09-19-2018, 10:42 AM
 
Location: Raleigh
13,707 posts, read 12,418,158 times
Reputation: 20222
Quote:
Originally Posted by Ultrarunner View Post
How often have you had the carpet professionally cleaned?

Proper cleaning is key to longevity.
Just my .02...whether you have your own carpet cleaner, rent one, or hire a service, It becomes progressively less time between "clean" and "Worn/dirty" looking every time...As someone that vacuums regularly.

The LL's will likely crucify me for suggesting this...But if you intend to stay in the apartment for the longterm, and the oversight is lax enough...I'd pay to have it redone myself.
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Old 09-19-2018, 04:56 PM
 
Location: North Central Florida
784 posts, read 728,513 times
Reputation: 1046
There is no law, anywhere in the country, that says a landlord needs to paint, or replace carpet.

Maybe the LL will pull the carpet and paint the subfloor. Then, you have new flooring.
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