California Law Landlord Replace Carpet

In california a lease exists whenever there is an oral or written agreement to exchange rent for inhabiting a property.

California law landlord replace carpet.

Landlords are required under california law to properly maintain the premises in a safe and habitable manner. According to california law ca civil code 1940 1954 05 under a lease tenants have certain rights such as the right to a habitable dwelling due process for evictions and more landlords also have rights such as the right to collect rent and to collect for property. Replacing carpet makes a place feel fresh and new but it is a large expense that many landlords put off as long as possible. It does clarify that worn or aged but otherwise undamaged carpet does not affect a property s habitability.

Additionally tenants cannot be held responsible for defects in the carpet that existed before they moved in. Bear in mind though that the carpet charges must be reasonable and that as a tenant you cannot be held responsible for any damages made to the carpet that were already present when you first moved in. It s your right to complain and the landlord should lay new carpet as necessary but landlords are obligated to replace your cruddy carpet only under specific circumstances. Under california law unless the carpet is visibly damaged and that damage is not the result of normal wear and tear the landlord cannot hold the tenant responsible for the damage or the cost of replacement for the carpet.

The cost of replacing the carpet after 10 years falls to the landlord. Under california landlord tenant guidelines a carpet s useful life is eight to 10 years. If your landlord does take you to conciliation court or withholds your security deposit to cover the cost of carpet replacement then you should bring to court photos of the carpet before and. This booklet focuses on california information to avoid problems in the first place laws that govern the landlord tenant relationship and to resolve those problems that do occur.

Repainting the unit and replacing the carpet after nearly 12 years is a very small. And suggests things that both the landlord and tenant can do to make the relationship a good one. State laws do not directly require landlords to replace or repair carpets. Many states allow a landlord to deduct legally a tenant s security deposit to replace the rental carpet by the time the tenant decides to move out.