CARPET REPLACEMENT (by Lori Schaffer [CA]) Jun 18, 2014 10:56 PM|
CARPET REPLACEMENT (by Gail K [GA]) Jun 19, 2014 2:23 AM
CARPET REPLACEMENT (by Roy [AL]) Jun 19, 2014 3:12 AM
CARPET REPLACEMENT (by Vee [OH]) Jun 19, 2014 5:11 AM
CARPET REPLACEMENT (by S i d [MO]) Jun 19, 2014 5:33 AM
CARPET REPLACEMENT (by Robert,Ontario,Can [ON]) Jun 19, 2014 5:46 AM
CARPET REPLACEMENT (by Lori Schaffer [CA]) Jun 19, 2014 6:45 AM
CARPET REPLACEMENT (by Jim in O C [CA]) Jun 19, 2014 9:01 AM
CARPET REPLACEMENT (by GA [GA]) Jun 19, 2014 9:44 AM
CARPET REPLACEMENT (by Moshe [CA]) Jun 19, 2014 9:44 AM
CARPET REPLACEMENT (by BRAD 20,000 [IN]) Jun 19, 2014 10:41 AM
CARPET REPLACEMENT (by Anne [CA]) Jun 19, 2014 12:12 PM
CARPET REPLACEMENT (by AllyM [NJ]) Jun 19, 2014 1:23 PM
CARPET REPLACEMENT (by BRAD 20,000 [IN]) Jun 19, 2014 10:11 PM
CARPET REPLACEMENT (by SRose [CA]) Jun 20, 2014 5:52 PM
CARPET REPLACEMENT (by Robert J [CA]) Jun 20, 2014 7:51 PM
CARPET REPLACEMENT (by Moshe [CA]) Jun 21, 2014 9:24 AM
CARPET REPLACEMENT (by Chris [CA]) Jun 22, 2014 6:12 AM
CARPET REPLACEMENT (by Helping a friend [CA]) Sep 10, 2021 1:22 AM
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CARPET REPLACEMENT (by Lori Schaffer [CA]) Posted on: Jun 18, 2014 10:56 PM
State Specific Question About: CALIFORNIA (CA)
WHEN OUR TENANT MOVED IN THE CARPETS WERE BRAND NEW AND SHE SIGNED A MOVE IN STATEMENT STATING THE CONDITION OF THE APARTMENT INCLUDING THE NEW CARPET. SHE HAS HAD EXTRA PEOPLE IN THERE AND WILL HAVE BEEN LIVING THERE 5 YEARS THIS MONTH AND DID NOT CARE FOR THE CARPETS!SHE CALLED TONIGHT AND SAID HER DAUGHTER WAS EXPECTING AND THAT WE HAD TO REPLACE THE CARPETS THAT SHE HAS RUINED AND NEVER CLEANED, BECAUSE OF HER ALLERGIES AND THAT IT WAS A LAW THAT AFTER 5 YEARS WE HAD TO REPLACE. SHE IS VERY ARGUMENTATIVE FOR EVERYTHING AND MY HUSBAND AND I ARE FEELING SO DISCOURAGED. WE DO NOT THINK THIS IS TRUE PLEASE GIVE US YOUR THOUGHTS AND HELP I APPRECIATE IT!!
LORI SCHAFFER --24.4.xx.xxx
CARPET REPLACEMENT (by Gail K [GA]) Posted on: Jun 19, 2014 2:23 AM
Request that she cite this "law" she is claiming.
CARPET REPLACEMENT (by Roy [AL]) Posted on: Jun 19, 2014 3:12 AM
I may offer to have a pro carpet cleaner go over and clean her carpet but not replace it. Carpet should last a min. of 10 years under normal wear and tear.
Don't let this tenant boss you around. If all else fails, give them the happy clause. --69.244.xx.xx
CARPET REPLACEMENT (by Vee [OH]) Posted on: Jun 19, 2014 5:11 AM
Time for them to get another place they can destroy, bill them for current damages after you visit and evaluate the care they are giving your place. There is no reward for sitting on your hands. --75.94.xxx.xxx
CARPET REPLACEMENT (by S i d [MO]) Posted on: Jun 19, 2014 5:33 AM
Ignore unreasonable demands. 99% chance there is no law requiring carpet replacement. If she can show it to you on the books, run it by your attorney and see what you need to do.
Also, keep an eye on this tenant. I am guessing what is really going on is she's about to have trouble paying rent and is trying to find excuses about why she shouldn't have to pay.
Tenants do ignorant stuff like that all the time trying to shift the blame for their failure to pay with frivolous "requests/demands" for maintenance issues they cause and aren't willing to pay for. Be ready to get the eviction process rolling if she's late.
I am curious: why are you tolerating extra people living in this house? You are the land lord and have a lease, right? I would send this tenant a brief letter:
Dear Mrs. X: Thank you for communicating your concerns about the carpet. As evidenced by your signature on the move-in inspection report, the carpet was new at move-in and should be fine if properly cared for. Please be advised that to maintain a carpet a yearly professional cleaning at minimum should be done. This cleaning is at your expense since it was not provided for in the lease.
Also, it has come to our attention there are people not on the lease living in the house. These individuals must either apply for and be added to the lease or vacate the premises immediately. Failure to comply will result in eviction including court costs and attorney fees, as applicable. Call me with any questions.
It is vitally important that you stay on top of who is living in your property. Ex-cons, drug manufacturers, drama kings/queens will set up residence in YOUR house because no one ELSE wants them. When you tolerate these kinds of shenanigans, it sends a message to the tenant that they can ignore the lease and do whatever the flip they want. Which leads to ignorant demands for new carpets, etc.
"What you demand, you get. What you tolerate, you encourage." -John T. Reed
Good luck. P.S. Your CAPS LOCK key is stuck or something...this is the Internet equivalent of shouting at us and is very difficult to read. --108.250.xxx.xxx
CARPET REPLACEMENT (by Robert,Ontario,Can [ON]) Posted on: Jun 19, 2014 5:46 AM
Have a carpet cleaning company thoroughly clean the carpet then add the cost of cleaning to the rent as it the tenants responsibility to clean the rental unit. If they insist on a new carpet then amortize the carpet over five years then increase the rent to cover the cost so after five years the carpet is paid for. So if the carpet cost $600.00 over 60 months that is $10.00 dollars more per month. There is no law that carpet has to be replaced. If the carpet is ripped then that is not normal wear and tear. --74.220.xxx.xxx
CARPET REPLACEMENT (by Lori Schaffer [CA]) Posted on: Jun 19, 2014 6:45 AM
Thank you so much for taking the time to write your responses . You all are so very helpful and we really appreciate it!! Sid sorry for the capital letter I sometimes do that ! I appreciate you going the extra mile with writing the sample letter. I suppose we get a little intimidated with the tenants at times and its not my nature to be really firm with people, but I am learning and listening to advice from all of you gives me more confidence!!' Thanks a million
Lori Schaffer --24.4.xx.xxx
CARPET REPLACEMENT (by Jim in O C [CA]) Posted on: Jun 19, 2014 9:01 AM
There is no law I have heard of that requires carpets be replaced every 5 years. If the carpet is worn out because of wear she could ask for it to be replaced.
Carpet should last 5 to 7 years if it was decent quality carpet.
I choose to pay for professional cleaning once a year and am able to get a carpet life as high as 14 years.
Tenants will not pay to clean YOUR carpet. You don't want tenants to rent a DIY machine, drown the carpet and do more damage than good. --208.127.xx.xxx
CARPET REPLACEMENT (by GA [GA]) Posted on: Jun 19, 2014 9:44 AM
Also, Lori, consider getting a "handle" instead of using your real name. You do not want a tenant to google you and come across your postings that indicate your weaknesses that a tenant can exploit.
CARPET REPLACEMENT (by Moshe [CA]) Posted on: Jun 19, 2014 9:44 AM
CA landlord is not required to replace carpet, if it continues to be safe.
Torn or worn out (with holes) carpet renders the unit untenantable, and carpet must be clean (no accumulation of dirt), but appearance is not a requirement.
CARPET REPLACEMENT (by BRAD 20,000 [IN]) Posted on: Jun 19, 2014 10:41 AM
ANOTHER reason to eliminate carpet from rentals!
Lori, I'm with SID, something bigger is brewing and this is a SYMPTOM..
Make an appointment IMMEDIATELY and put eyes on the carpet and the entire house. Take several photos of each room. I predict you will need photos for court very soon.
A good STEAM EXTRACTION carpet cleaning pro can do wonders to restore carpet.
I don't know more than what you have posted but my Landlordy-Sense tells me this will get very bad very soon, costing you money.
CARPET REPLACEMENT (by Anne [CA]) Posted on: Jun 19, 2014 12:12 PM
Lori- lots of good advice here. And Brad's landlord sense is tingling for a reason.
Why is she mentioning her daughter is expecting? Never a good sign. Our Section 8 tenant tried to get a note from her daughter's pediatrician demanding that we replace the carpet due to the girl's allergies. Ridiculous. Argumentative tenant=see you later. Good luck with this one.
CARPET REPLACEMENT (by AllyM [NJ]) Posted on: Jun 19, 2014 1:23 PM
I had the carpet cleaned for a long term tenant when he asked to have it replaced. He was happy. He stayed. I sold the building and was glad that the apt. was occupied. He's still there. It was expensive carpet too.
Olde Miss Ally --69.142.xx.x
CARPET REPLACEMENT (by BRAD 20,000 [IN]) Posted on: Jun 19, 2014 10:11 PM
Obviously you are not happy here. If you will move out in the next 10 days, Management will not hold you to the remaining months of the lease.
This offer expires in 10 days."
Another thought: she probably knows you as the OWNER, not as the MANAGER. Makes a big difference.
The carpet problem is a first round of attack to gauge your resolve. The daughter, pregnant, allergies...and more to come...is the res building a case to not pay rent.
Been there. Many times.
Nip this in the bud.
CARPET REPLACEMENT (by SRose [CA]) Posted on: Jun 20, 2014 5:52 PM
I was just in Small Claims court last Friday and one of the things the ex-tenant contested was me writing in the Rental agreement she was responsible for having the Carpet Professionally Cleaned by a Truck mounted Company upon move out. The bill was $180.00 for 4 large rooms and the Judge backed me. --75.208.xx.xx
CARPET REPLACEMENT (by Robert J [CA]) Posted on: Jun 20, 2014 7:51 PM
You are not going to like what I'm about to explain to you with regards to carpeting and tenancy in California. Many City's give free information to tenants that call up asking questions on carpets and deposit deductions. For example West Hollywood tells tenants that yes, a landlord must replace carpets after 5 years. But their City Codes has a final sentence after that statement that reads, "IF NECESSARY". They forget and leave that out. I've been to Beverly Hills court for West Hollywood issues because I refused to replace carpet because tenants wanted a newer look after being there 5 years.
Now to answer your question. An owner will depreciate the cost of new carpet over 5 years. So if a tenant stays one
year, you expect the carpet to last another 4 years. If it was trashed, you then can charge the tenant for 4/5th the replacement cost. Since you tenant was there for 5 years. You can not deduct anything from their deposit for the carpeting. How this helps. --98.119.x.xxx
CARPET REPLACEMENT (by Moshe [CA]) Posted on: Jun 21, 2014 9:24 AM
Robert J is absolutely correct in what he points out.
But I would like to make the situation a little more clear.
There is a concept called "useful life" of a carpet in CA. But that applies to calculation of damages to a carpet that must be replaced because of tenants' fault.
"Useful life" does NOT apply to any mind of responsibility of landlord to replace the carpet. A landlord in CA does NOT have to replace the carpet after its "useful life" is over. The only law that applies is the law of habitable premises, so that a carpet which is not safe (e.g., ripped, holes, mold, etc.) must be replaced, but NOT a carpet which simply does not please the tenant. For such an unpleasing carpet, there is NO LIMIT on its age, unless it is unsafe.
SRose's report that the judge backed him(her) when the lease provided that carpet must be Professionally Cleaned by a Truck mounted Company, was probably because the carpet was dirty after having been walked on for a year or more, so it needed to be cleaned to restore it to its condition of cleanliness when the tenant moved in. A lease clause requiring cleaning is fine although unnecessary, but a clause requiring "Professional" cleaning is not fine, neither is a requirement specifying what kind of cleaning or type of equipment. Clean condition when tenant moved in is clean condition when tenant moved in. Less than as clean as when tenant moved in is a cost that can be offset from security deposit.
CARPET REPLACEMENT (by Chris [CA]) Posted on: Jun 22, 2014 6:12 AM
I'm now choosing other things for most rentals, even at higher initial costs. A carpet might last 25 years in your home - just like blinds. while in apartments, both blinds and carpets get trashed pdq, pretty darn quickly. I would bring in the pro carpet cleaner and split the cost with the tenant. --110.78.xxx.xx
CARPET REPLACEMENT (by Helping a friend [CA]) Posted on: Sep 10, 2021 1:22 AM
Tenant for over 20 + yrs, her carpet is totally unsafe with rips, holes and staples(something sharp Iím guessing staples?) in several places popped out, and after she had it cleaned it smelt like mold for days after, carpet cleaning guy said thereís no more padding under the carpet itís completely worn and mold could be under the carpet. Landlord refused to change it Ö My guess is that the letter her daughter wrote requesting carpet replacement did not include these things and perhaps it came across as estheticÖ Trying to help her out I said if rewrite a letter of request, sheís an elderly woman says she can no longer walk barefoot on the carpet it hurts to much. She is definitely paying below market for her unit. Been there for over 20 yrs my guess is thatís why they donít want to change it. Help me help her please!!
rckericka@yahoo., thatís my email, send me your best shot at this letter. Thanks ! --75.83.xx.xxx
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