If my landlord wants to put in carpet but my wife andI prefer the hardwood floor, what are our rights?

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If my landlord wants to put in carpet but my wife andI prefer the hardwood floor, what are our rights?

The flooring was part of the reason that we selected this apartment. We have lived here for 4 1/2 years.

Asked on December 20, 2011 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Technically the landlord is entitled to place carpet over the hardwood floor in the unit you are renting since he or she owns the unit. However, when the carpet can be placed depends upon what your presumed written lease states in that it controls the obligations owed to you by the landlord and vice versa in the absence of conflicting state law.

I would read the lease carefully to see about repairs and upgrades mentioned in it. If nothing is stated, then the landlord can make the upgrade. If the upgrade issue is mentioned in the presumed written lease, the written lease should control.


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