Legal Question in Landlord & Tenant Law in California

who is responsible to repair thread bare rugs in a rental after 10 years of occupancy


Asked on 10/28/10, 9:48 am

1 Answer from Attorneys

The floors need to be maintained in good order. If there is something wrong with the rugs, you must write the landlord a letter or an email, keeping a copy for your records. I would document in writing that the rugs have not been replaced in ten years, and that although the rugs are maintained in a clean condition by you, the rugs, due to ordinary wear and tear, are now thread bare and disintegrating. I would indicate in the letter that the carpets should be replaced in order to maintain a sanitary and safe environment for the premises.

Please note that if the rugs are currently sanitary and safe, there is no obligation on behalf of the landlord to replace the rugs. However, if they are prone to ripping, if large threads are coming off, tending to trip the residents as they walk on the rugs, etc., then you may have a case for replacement of the flooring. Add the specific conditions to your letter.

The landlord may try to increase your rent, the landlord may accuse you and the other tenants of extraordinary wear and tear of the rugs, etc., so get ready. I suggest that you take pictures to document the condition of the rugs in the event of litigation. Obtaining the assistance of an attorney in drafting such a letter would be advisable.

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Answered on 11/02/10, 10:50 am


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