Legal Question in Landlord & Tenant Law in California

Charging for replacing old carpet

I have lived in the same apt. for 8 years and the carpet was the same from before I moved in the unit. It was so old and worn that it had become a tripping hazard. I tried for over a year to get the landlord to replace it with no luck. Finally after tripping over it and falling and breaking a mirror and cutting my head I called the Health Dept. and they were ordered to replace the carpeting. I was told one day by the manager to have everything moved out of my apt. because they were going to be here at 8:00 am to replace the carpet. My furniture sat out on the sidewalk for 4 days before anybody showed up to do the work and when they did they were going to lay laminated flooring insted of carpet. I refused the flooring because I was told I was getting carpeting The Health Dept.ordered that new carpeting be put in and I rented the apt. with carpeting. The next morning the manager comes by and tells me that if I want carpeting my rent will be increased $25.00 a month effective the 1st. ( it was the 25 th at the time) and had me sign a paper stating this. was that legal to raise my rent for something the H.D. ordered them to do and with only a 6 day notice. I have asked many times 4 a copy of the paper I signed but have yet to get it.


Asked on 6/29/08, 2:50 pm

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Charging for replacing old carpet

Since you signed, you will have little recourse here. You should have asked an attorney first.

You do have an outside chance if the small claims judge feels they took advantage of you. however, I would not count on it.

Your best bet at this point is to retain an attorney to write a nasty letter to the management company, but there will be no guarantees.

Next time in your life you are asked to sign something, read it, and take it to a lawyer first.

Good luck!

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Answered on 6/29/08, 6:17 pm


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