Legal Question in Real Estate Law in California

apartmant rental codes

The old apartment we were living in is trying to chanrge us $4,400 for damages. The carpets alone cost over $1,500. However, I have heard that if you stay in an apartment for over 12 months, then the carpets must be replaced no matter what due to normal wear and tear. Is this true? And if it is, then how can we get the code number that requires the owner to replace the carpets?


Asked on 5/05/03, 9:20 pm

3 Answers from Attorneys

Jason Hsu Una Law Corporation

Re: apartmant rental codes

As far as I am aware of, there is no such thing as an apartment code. However, there are local ordinances and building codes. These, however, would not in my estimation govern new carpeting.

Tenants have many rights, including habitable premises. I do not think they have a right to brand new carpeting every twelve months under any code provisions.

Your bigger issue is that it appears that you have moved out and are being charged an exorbitant amount to replace old carpets. This is where, if any, your best legal action may lie.

This is general information that I hope has been helpful to you. However, you should always obtain legal counsel familiar with your specific circumstances. We may be able to assist you with your legal issues. If we can assist you in the future, please contact us at www.unalaw.com and somebody will assist you as soon as possible.

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Answered on 5/06/03, 4:05 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: apartmant rental codes

Not only is there no law entitling tenants to new carpets every 12 months (or, for that matter, at any other time), $1,500 is not necessarily excessive -- it would depend entirely on the yardage (square yards) needing replacement. So, I can't agree that $4,400 is excessive. It may be, but only an honest estimator who actually inspected the damage would be qualified to express an opinion.

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Answered on 5/06/03, 9:28 am
Judith Deming Deming & Associates

Re: apartmant rental codes

No! Why in the world would a landlord have to replace carpet after only year? Decent carpet is designed to last for decades. In fact, the landlord need never replace the carpet, so long as it is serviceable and in good repair!

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Answered on 5/07/03, 6:50 pm


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