Legal Question in Landlord & Tenant Law in California

I am renting an apartment which was rented to me with hard wood floors. The tenants below me are calling the manager complaining that they can hear me walking. Now the manager is saying I have to allow them to put in carpet. I specifically asked before signing the lease if it was carpeted or not because I did not want it carpeted, and they told me I could have it without the carpet. I do not want carpet, and I want them to stop harassing me about it. I work full time and do not even have time to be home for anyone to install it. Do I have the right to refuse having carpet installed?

also, do I have he right to not let them into m apartment to install it without my permission?


Asked on 10/02/09, 12:42 am

1 Answer from Attorneys

The downstairs tenants have the right to the quiet use and enjoyment of their premises. If that cannot happen with you upstairs with wood floors then the landlord is obligated to carpet. Perhaps you can work out a compromise where you agree to put down runners and/or area rugs in traffic areas, but if not, they do have the right to carpet if you can't walk quietly enough to allow the downstairs tenants their quiet.

Just as an aside, I'm a little surprised that the landlords rented an upstairs unit without carpets and without requiring you to provide runners and area rugs. In many jurisdictions there is actually a law requiring landlords to carpet or to require upstairs tenants to provide their own sound deadening floor coverings.

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Answered on 10/02/09, 12:58 am


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