Legal Question in Real Estate Law in California

Landlord/Tenant Rights

What right do I as a tenant have in requesting new carpeting? Someone told me by law the carpet needs to be replace every 10 years. I also heard there is no such law. My roommate is allergic to his cat that he has had for over 8 years. The cat has been in the appartment for at least 8 years. His doctor told him he needs to get rid of the cat and have the carpet replaced because of the dander that has settled over the years. The carpet has been never been clean since I have lived here. There are stains due from normal living as well as some stains from the cat. How reasonable will it be to ask for new carpet since I have lived here for over 10 years? Who pays for the carpet?


Asked on 8/20/00, 9:42 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Landlord/Tenant Rights

There are some fairly specific duties a landlord has in maintaining residential units, but carpet replacement isn't one of them. There is no law requiring carpet replacement (or painting, for that matter) at a fixed interval or upon a certain state of funkiness. If carpet is worn to the point where a tenant or guest might trip on it due to rips or holes, the landlord risks liability for any resulting injury and thus in a sense is 'legally obligated' to make repairs, but the notion that carpet or paint must be renewed every X years is a myth.

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Answered on 9/26/00, 2:46 pm


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