Tenant Rights in California Regarding Carpet Replacement
Tenants in California have a basic right to live in a unit that is habitable. That means that they have the right to a safe, clean environment that is kept in good repair. It also means that they have the right not to be locked into a rental agreement with a landlord who has failed to meet their obligations to keep the living space up to code. In California, tenants can bring legal action against their landlords for unsafe conditions within the home or apartment, including unsecured flooring.
Tenants don’t have the right to request new carpet or flooring whenever they feel like it, but they do have that right when the flooring actually poses a safety risk. Under California Civil Code Section 1941, landlords must maintain the premises in a manner that touches on the health and safety of the tenants . Where flooring is uneven, broken or unsecured in a manner that could cause trip and fall accidents, tenants can file a complaint for rent control with the local housing department.
If the damage is severe enough, the tenant could even bring a case for the constructive eviction of their landlord. If the tenant’s unit has been deemed uninhabitable due to rusty pipes, an unsafe heater or non-secured carpet, they may request the replacement of such items through a small claims or civil court action. It is always best for tenants to be careful about who they contact with repair requests. If the landlord has a service representative they hire for maintenance requests, tenants should not contact the owner or management office directly without first going through the regular channels to request repairs.
When Landlords are Required to Replace Carpet
California law does not require that landlords make any improvements to leased premises, with one exception (discussed below). Subject to the provisions of the lease and the provisions discussed above for ordinary wear and tear, a tenant is, however, entitled to enjoy the leased premises in accordance with the plain meaning of the lease. Neither the tenant nor the landlord bears the burden of improving the property pursuant to the lease.
The one mandatory improvement that landlords must make concerns the replacement of carpet. Unless a lease provides otherwise, if the carpet has never been replaced during the term of the lease, the landlord is obligated to replace the carpet when it becomes "so badly soiled, matted, or worn [that] it cannot be cleaned satisfactorily." Courts have established a simple standard for determining if carpet must be replaced by enacting a three-factor test. The test may lead to a determination that carpets must be replaced if they are either:
A court may consider factors such as the type of carpet, the color of the carpet, how well the carpet was previously cleaned, how long the carpet has been in place, and how heavily the carpet has been used.
Although courts are reluctant to set forth a "floor" for how much carpet wear will trigger the legal requirement to replace carpet, they require that the floor be low enough to protect health interests. This means that the carpet must be so badly matted, soiled, or worn that it cannot be cleaned satisfactorily. In practical terms, however, this means that the carpet must be so worn such that it is a health risk before it must be replaced. The weight of the early cases under this rule uniformly illustrate that the point at which a court will become involved is when:
Consequently, courts typically only agree to intervene under the circumstances discussed in this section of the post.
As a practical point, landlords should take steps to reduce the potential for litigation over when carpet should be replaced by requiring that tenants clean the carpet periodically during the term. A provision requiring a tenant to replace carpet upon reasonable wear prevents litigation entirely. Otherwise, remember – what may read like a simple question of contract interpretation may require a deep dive into the facts, photographs, and even color documentation on a carpet cleaning machine.
Normal Use Vs. Carpet Damage
But what happens once the normal wear and tear threshold is crossed? For carpets, "wear and tear" is defined by the California Department of Consumer Freedom as "the deterioration which a tenant must reasonably expect from use." Look out for spills, tears, rips, burns, pet dander and scratches, which all occur with regular use.
Any damage that goes beyond normal wear and tear is the tenant’s responsibility unless the landlord fails to maintain the carpet in which case the tenant may be able to deduct repairs from their next month’s rent. Things that go beyond wear and tear could include pet chews, bird scratches, burns and stains.
If a landlord wants to get reimbursed for the cost of carpet replacement, they must show that the carpet needs to be replaced because of damage that goes beyond wear and tear. For example, it may not be fair to expect a tenant who rents a home but never uses the basement room and its carpet to pay for a full replacement of that flooring if water damage or other wear occurred in the kitchen and living room.
How To Ask for Carpet Replacement
If you suspect that the carpet in your rental unit needs to be repaired or replaced, you should first document the problem in some manner. Ideally, you will send a letter to your landlord and request that the carpet be inspected. A sample letter is below:
Date
Landlord’s Name
Address
City, State, Zip
Dear _____________:
I am writing to formally request that the carpet in my apartment be replaced due to the problems described below.
For the past several months, I have been noticing a number of problems with the carpet. Specifically, I have observed (insert the problems with the carpet here). As you know, the carpet in my apartment was installed more than seven years ago and is now very worn. As a responsible tenant, I have always taken good care of the carpet by vacuuming and shampooing it on a regular basis. However, I believe that the carpet was not of reasonable quality when it was installed and will now need to be replaced.
I have tried to communicate these problems to you in the past but we have not yet reached an agreement as to what needs to be done. I am writing this letter in hopes of documenting my concerns and ensuring that we reach a resolution. Please let me know whether you would like me to obtain an estimate for replacement carpet . I am happy to start this process as soon as possible if you let me know how you would like to proceed. Thank you for your prompt attention to this matter.
Sincerely,
___________________________________________
Your Name
Your Apartment Number
Your Phone Number
The letter should request that the landlord take action within a set time frame or at least send a reply. The above letter provides a timeline of only a few days, but you may want a longer timeline if the carpet that you are requesting be replaced is particularly bad.
If your landlord refuses to inspect or repair the carpeting, you should likely call an inspector or expert (such as a professional carpet cleaner) to provide a report on the condition of the carpeting. You should request a letter detailing the condition of the carpeting and the repairs required. You should have the expert send such a letter both to you and your landlord so that the landlord knows you are serious about the matter.
It is also a good idea to prepare a written list of everything that happens during the inspection in case you must prove the condition of the carpeting at some later time. An attorney can help tenants who have documentation that they need to present in court.
Remedies for Tenants
For cases in which landlords refuse or ignore tenant requests to replace wall-to-wall carpeting that is damaged, worn or has suffered from mold growth, there are certain courses of action that tenants may take. While it is relatively easy to file a claim in small claims court (up to $10,000 in California), for damages, other types of legal action, such as breach of the implied covenant of quiet enjoyment (for forcing re-carpeting upon a tenant) may be more difficult to prove since harm must be proved. Tenants may also be able to proceed with claims of safe and habitable living conditions in the vein of the implied warranty of habitability.
Since many California tenant rights groups have a strong presence within the housing and real estate communities in California and are considered champions of tenant rights, they may be able to help, particularly if they specialize in tenant advocacy. Groups such as Tenants Together, a statewide tenant’s rights organization dedicated to promoting affordable housing, mobilizing support to preserve it, housing equality, renter’s rights, and providing education, outreach, and legal resources to individuals and organizations in support of these goals, assist tenants throughout the state. Tenant advocates generally take a hard stance against landlords, and are skilled in learning about recent legal matters and experiences from members to help discern what types of legal recourse a group of tenants may have when faced with resistant landlords. These groups are powerful entities in their respective communities, and can be helpful to tenants looking to resolve conflicts with their landlord. Consulting tenants rights groups, local attorneys notwithstanding, regarding landlord-tenant issues, can also provide tenants with a better overall understanding of their situation and whether or not legal action is advisable or feasible.
FAQs
Tenants may have several questions related to carpet replacement law in California. In the Frequently Asked Question section, those questions and answers are listed below for quick reference:
Q: How often do landlords have to replace carpets in California?
A: There is no specific law in California regarding the frequency of carpet replacement. However, many courts use a seven-year period as a guideline for normal carpet wear. Beyond this time frame, a landlord may not try to deduct the cost of carpet replacement from the tenant’s security deposit. If a tenant has caused excessive damage to the carpet that violates the lease, the landlord may seek damages from the tenant.
Q: As a tenant, am I required to pay to have carpets professionally cleaned?
A: Yes. Although a tenant is responsible for expenses to maintain the property under Civil Code 1941, it will also be subject to Civil Code 1950.5(c), which requires carpet cleaning and/or replacement costs to be deducted from the tenant’s security deposit.
Q: What can a tenant do if his or her carpet needs to be replaced prior to the expiration of the lease?
A: A tenant should first notify their landlord of the problem verbally. If the issue has not been resolved within a reasonable period of time , they should follow up in writing as well. If the landlord continues to ignore the issue, the tenant may be able to file a claim in small claims court to recover damages.
Q: Does a lease or rental agreement that states the tenant will take care of normal carpet cleaning require the tenant to take care of a stain or tear?
A: As specified in Civil Code 1941, tenants are required to take care of normal maintenance of a property that includes damage caused by themselves or their guests. The lease will not require the tenant to pay for items that exceed normal wear, such as tattoo bleed or pet urine stains.
Q: Can I be charged for damages to the carpet and for professional cleaning?
A: No. If a landlord repairs or replaces the carpet due to negligence caused by the tenant, the landlord may not also deduct the cost of cleaning from the tenant’s security deposit. That expense should be covered in the cost of the repair or replacement.