Should we ask landlord to help pay for new carpet?

[Selkie]

Hoping some of you folks out there in rental land (both renters and landlords) might have some opinions. We have nasty, grungy, crusty old carpet in our living room and hall (maybe 300 sq ft total) that needs to be declared a biohazard and removed, post haste. DH has lived in the place for over 10 years, and it was old and stained when he moved in. I know, GROSS. Anyway, I''ve finally stomped my foot and demanded we either replace it or pull it up and have the wood floor refinished. So whose responsibility is it? Ours, or the landlord, or both?

I can''t find anything in the LA rental rules saying that it''s the Landlord''s legal responsiblity UNLESS it causes a hazard. However, if we were planning to move out soon, technically he couldn''t charge us to replace it because it''s beyond normal life expectancy. So, my view is, why should WE have to pay the full cost to replace it to the benefit of the landlord and the next tenant who lives here? Our landlord is good, but a little laissez faire, and some of the other long term tenants have replaced theirs on their own. DH doesn''t want to approach him about it at all because even though we have rent control, he doesn''t want to rock the boat. I think it might be fair to ask him to at least let us deduct the cost of the carpet from our rent and pay for the installation ourselves. Any thoughts or experiences? TIA

 

[Independent Gal]

Hi Selkie,

You''ve got to be real careful here, as you might get into serious trouble if you make any kind of change to the property of that kind without the landlord''s consent. That said, I believe this is 100% the landlord''s responsibility, and if you ask, he may well happily do it since the carpet is so old. That would be my guess. But unless it''s different where you live than places I''ve lived, HE has to do it, and you have to pay your full rent, because even for something like that, if you don''t pay your full rent, you can get evicted.

Even in a case where rent is witheld because a landlord doesn''t attend to a serious matter, like a leak, the rent has to be paid to a court (i.e., it still has to be paid in full).

So, I would call your landlord and say "We are oh, such good tennants aren''t we? And this carpet is really old and horrible. Would you consider changing it?" I betcha he says yes.

 

[Kaleigh]

Date: 1/29/2008 8:28:55 PM
Author: Independent Gal
Hi Selkie,

You''ve got to be real careful here, as you might get into serious trouble if you make any kind of change to the property of that kind without the landlord''s consent. That said, I believe this is 100% the landlord''s responsibility, and if you ask, he may well happily do it since the carpet is so old. That would be my guess. But unless it''s different where you live than places I''ve lived, HE has to do it, and you have to pay your full rent, because even for something like that, if you don''t pay your full rent, you can get evicted.

Even in a case where rent is witheld because a landlord doesn''t attend to a serious matter, like a leak, the rent has to be paid to a court (i.e., it still has to be paid in full).

So, I would call your landlord and say ''We are oh, such good tennants aren''t we? And this carpet is really old and horrible. Would you consider changing it?'' I betcha he says yes.

Sounds good to me. I hope he agrees. Nothing worse than old yucky carpet. Good luck Selkie.

 

[neatfreak]

Depends entirely on the state, but normally it isn't the landlord's responsibility to make upgrades to the apartment unless it's a hazard. Unfortunately carpet falls into that realm. And again in most places the landlord can't charge your DH to replace it when you DO move out, because as you said it's normal wear and tear.

Also, be aware that if you do change it, GET HIS PERMISSION. In many states he can technically sue you because the property needs to be returned to it's original state. Stupid, but I volunteer at a tenant help center and we've heard it happen before even when the tenant made vast improvements to the property.

So be nice and polite and ask the landlord to do it for you, or at a minimum get his permission!

 

[TravelingGal]

We got ours changed by the landlord because we are good tenants and the carpet was old even before we moved in (and yet we kept it for 8 years). They really had to change it anyway, but I also was very nice about it.

 

[Selkie]

Oh, we absolutely plan to get his permission either way, sorry I didn't make that clear! DH is just hesitant to ask him to help pay for it.

 

[iheartscience]

Date: 1/29/2008 8:59:38 PM
Author: Selkie
Oh, we absolutely plan to get his permission either way, sorry I didn''t make that clear! DH is just hesitant to ask him to help pay for it.

I think that since the landlord owns the place, it''s 100% his duty to pay for it. I would never pay for anything new for my apartment unless I was the one who damaged it! I think taking the nice approach, pointing out that you''re great tenants, etc., but the carpet is just awful, could he please replace it, is the way to go.

And if he won''t, then I would say well, can we get half off a couple of months rent if we do it ourselves? And I would get something in writing if he agrees to that. Best of luck!

 

[somethingshiny]

I agree with all the advice here, but I wanted to mention something else. He may raise your rent after "making improvements" to your home. SO, if that''s a concern, make sure to address it prior to the change.

 

[joflier]

I would point out to the landlord that you''ve been long-term tenants, and very good with paying rent (assuming you are). And you would really appreciate some new carpeting, as yours is in bad shape (and has been since you moved in). Make sure and point out that you weren''t responsible for all the stains.

DH is a landlord, and having good paying tenants can be very hard to come by, and he doesn''t mind doing some extra things to keep them happy! Especially when its really needed (like your icky carpet) I wouldn''t even make the suggestion of you paying for it (lest you sound too willing to do so). but if he really refuses to do it, and you still want to continue living there long term, see if he would split the cost. Being that some of the wear and tear was on your part as well as previous tenants. I think that taking the cost out of future rent payments is a good idea too. If you take care of the installation and everything (not having to interrupt the landlords lazy persona)
Goodluck

 

[fleur-de-lis]

Hi Selkie,

Assuming by "LA" you mean Los Angeles and not Louisiana, the source of note for guidance of landlord/tenant issues is the Department of Consumer Affairs (Linky: http://www.dca.ca.gov/publications/landlordbook/problems.shtml ). Key provisions to read include standards for security deposit deductions on "normal wear and tear" for analogous timelines, the cases in the footnotes, and the section on implied warranty of habitability (if you think the carpet might actually pose a health problem due to mold).


Hope this helps!
f-d-l

 

[partgypsy]

The average life span of a carpet is 7 years. I read on the web but could not confirm that a landlord is not supposed to deduct from a deposit for replacing a carpet older than 7 years. As the landlord he is responsible for maintaining the residence from normal wear and tear, which includes replacing worn out carpet. I would have whoever is most diplomatic talk to the landlord, explaining how the carpet was old when moved in, and have lived there for 10 years, and it is so worn out it presents a tripping hazard. Good luck!

 

[laine]

I don''t really know much about rent control, so I could be way off here, but if you move out, can he reset the rent to be closer to market rate? If thats the case, then he probably has no interest in doing anything to keep you happy as a tenant, as he could be better off without you (financially, I mean). If that is the case, and assuming you plan to stay there long term, then I would approach it more as a split the cost thing, or accept that you may have to pay the bulk of the cost. Maybe ask the other tenants who upgraded what they did.

If the rent doesn''t change even if you move out, or if there is a shortage of renters in the area, then I''d be more likely to ask him to cover all or most of the cost. Good luck!

 

[joflier]

Date: 1/30/2008 2:05:58 PM
Author: laine
I don't really know much about rent control, so I could be way off here, but if you move out, can he reset the rent to be closer to market rate? If thats the case, then he probably has no interest in doing anything to keep you happy as a tenant, as he could be better off without you (financially, I mean). If that is the case, and assuming you plan to stay there long term, then I would approach it more as a split the cost thing, or accept that you may have to pay the bulk of the cost. Maybe ask the other tenants who upgraded what they did.

If the rent doesn't change even if you move out, or if there is a shortage of renters in the area, then I'd be more likely to ask him to cover all or most of the cost. Good luck!

He could raise the rent whenever he wants reguardless of who lives there as long as its not in a written contract with the tenant that he won't for x amount of time. Being that they've lived there for 10+ years, I'm guessing their rent has gone up at some point. This is sometimes the case for a 1 or 2 year lease, but not too many landlords will put that in writing anymore with today's inflation rate. Bottom line, is that that if he's a decent guy, he should replace the carpet!

 

[mjso]

Date: 1/30/2008 6:23:03 PM
Author: joflier

Date: 1/30/2008 2:05:58 PM
Author: laine
I don''t really know much about rent control, so I could be way off here, but if you move out, can he reset the rent to be closer to market rate? If thats the case, then he probably has no interest in doing anything to keep you happy as a tenant, as he could be better off without you (financially, I mean). If that is the case, and assuming you plan to stay there long term, then I would approach it more as a split the cost thing, or accept that you may have to pay the bulk of the cost. Maybe ask the other tenants who upgraded what they did.

If the rent doesn''t change even if you move out, or if there is a shortage of renters in the area, then I''d be more likely to ask him to cover all or most of the cost. Good luck!

He could raise the rent whenever he wants reguardless of who lives there as long as its not in a written contract with the tenant that he won''t for x amount of time. Being that they''ve lived there for 10+ years, I''m guessing their rent has gone up at some point. This is sometimes the case for a 1 or 2 year lease, but not too many landlords will put that in writing anymore with today''s inflation rate. Bottom line, is that that if he''s a decent guy, he should replace the carpet!

If I go with the earlier assumption of LA = Los Angeles and she is in rent control, he cannot raise the rent more than 1 time a year and it can only be a 5% raise (this differs by area I believe, but for the valley this is the case). We actually ran into this issue with our landlord company. Once you lived there more than say 2 years they were dying to get you out so that they could raise the rent up to "market value" and get someone new in. They actually sent us an itemized bill for "late fees" from 3 years prior which we didn''t incur and had never been notified about before. After we ended up deciding to move out (because we needed more room for the dog and cat) they miraculously dropped the late fee issue. They didn''t seem to care about having to get new tenants, as we went through TONS of neighbors while we were there for 3 years, just wanted to get the best bang for the buck per apartment.

It sounds like your landlord is more reasonable than this though. So I''d just say "Hey, the carpet is really old, we''d like to have it replaced. Can you accomodate that request?" and see what he says.

 

[Selkie]

Yes, we are in the city of Los Angeles and we are in a rent controlled building. In addition, the landlord has only raised the rent a total of $100 over the past 10 years, which is far below the amount (4%/year) he is allowed. So, basically we have a FABULOUS deal for a 2 bed apartment and aren''t moving until absolutely necessary. This also means that even if we did move out, he can''t just jack up the rent for the next person, contrary to popular thought on rent control. That is only allowed under very restricted circumstances, so mjso, what they tried with you was illegal. We are good tenants, the only issue was that our lease says no pets, but we talked to him and he''s allowed us one cat that came with me when I moved in. Other than that, he is definitely interested in keeping us and his other tenants happy. 3 of the 6 units are occupied by relatives.

From caltenantlaw.com: Not all situations where the landlord has evicted the tenant permit that landlord to raise the rent to whatever they want for the next tenant In fact, the landlord is entitled to raise the rent for the new tenant ONLY if his eviction of the prior tenant was for (1) nonpayment of rent, (2) violating a term of the lease, or (3) refusing to temporarily relocate for major rehabilitation [but even then, only where the landlord has complied with the law in every respect, including all relocation assistance and notices]. If the prior tenant was evicted for any other reason [such as: most nuisances (Reg. 151.06(C)(9)), physical damage, termination of Section 8 assistance, illegal subletting, illegal use, to move in a manager or relative [Reg. 151.06(C)(4)], refusing to let the landlord in to make repairs, or to comply with a government order], the rent CANNOT be increased for the new tenant - you - beyond the legal maximum. If the former tenant was paying $500 a month, but was evicted for nuisance [or one of these other reasons], then YOUR rent should not be more than $504, even if you signed a rental agreement to pay $1500 per month. You would be entitled to reduce your current rent to that lower level and recover TRIPLE the amounts over that lower amount which you actually have been charged, under Section 151.10.

 

[Selkie]

Date: 1/30/2008 6:23:03 PM
Author: joflier

Date: 1/30/2008 2:05:58 PM

Author: laine

I don''t really know much about rent control, so I could be way off here, but if you move out, can he reset the rent to be closer to market rate? If thats the case, then he probably has no interest in doing anything to keep you happy as a tenant, as he could be better off without you (financially, I mean). If that is the case, and assuming you plan to stay there long term, then I would approach it more as a split the cost thing, or accept that you may have to pay the bulk of the cost. Maybe ask the other tenants who upgraded what they did.


If the rent doesn''t change even if you move out, or if there is a shortage of renters in the area, then I''d be more likely to ask him to cover all or most of the cost. Good luck!

He could raise the rent whenever he wants reguardless of who lives there as long as its not in a written contract with the tenant that he won''t for x amount of time. Being that they''ve lived there for 10+ years, I''m guessing their rent has gone up at some point. This is sometimes the case for a 1 or 2 year lease, but not too many landlords will put that in writing anymore with today''s inflation rate. Bottom line, is that that if he''s a decent guy, he should replace the carpet!

Joflier, we have rent control so he cannot raise the rent more than 4% a year.

 

[LAJennifer]

Date: 1/30/2008 7:59:01 PM
Author: Selkie


From caltenantlaw.com: Not all situations where the landlord has evicted the tenant permit that landlord to raise the rent to whatever they want for the next tenant In fact, the landlord is entitled to raise the rent for the new tenant ONLY if his eviction of the prior tenant was for (1) nonpayment of rent, (2) violating a term of the lease, or (3) refusing to temporarily relocate for major rehabilitation [but even then, only where the landlord has complied with the law in every respect, including all relocation assistance and notices]. If the prior tenant was evicted for any other reason [such as: most nuisances (Reg. 151.06(C)(9)), physical damage, termination of Section 8 assistance, illegal subletting, illegal use, to move in a manager or relative [Reg. 151.06(C)(4)], refusing to let the landlord in to make repairs, or to comply with a government order], the rent CANNOT be increased for the new tenant - you - beyond the legal maximum. If the former tenant was paying $500 a month, but was evicted for nuisance [or one of these other reasons], then YOUR rent should not be more than $504, even if you signed a rental agreement to pay $1500 per month. You would be entitled to reduce your current rent to that lower level and recover TRIPLE the amounts over that lower amount which you actually have been charged, under Section 151.10.

I believe the above applies only in the event of an eviction. If the current tenant moves out willingly, then the landlord can raise the rent to market value. If your DH doesn''t want to rock the boat, then I wouldn''t. Consider yourselves lucky that you are getting a great deal on a 2 bedroom in LA. Replacing 300 sq feet shouldn''t cost that much anyway. I had the same issue - I live in a very spacious 2 bedroom, right off of Melrose (with 2 parking spots) - and have been here for 8 years. I approached our landlord about replacing the carpet when my husband moved in 2 years ago. Because our unit is WAY under market, she didn''t contribute. However, she put me in contact with the carpet store she uses - and arranged for them to give me her discount. We replaced over 900 sq feet for around $1000. It was well worth it and I would do it again in a heartbeat.

 

[Selkie]

You''re very right that we''re lucky, paying what we do. All we can do is ask nicely, I suppose, so that''s what I''ll have DH do next time he pays the rent. We can at least do what you did and get a recommendation for a carpet store.

 

[joflier]

That''s great that he hasn''t raised the rent much over that period of time!!! We don''t have rent control in our area, I had forgotten about that in the bigger cities. Hopefully it all works out for you!

 

[Lynn B]

I, too, think he will be happy to oblige you. (And I also think he should absolutely pay for it.) But I digress! Do you want the carpet replaced with more carpet? I ask this because I am NOT a "carpet person", and would prefer lovely hardwood floors any day of the week.

So, maybe you''d rather have your wood floors refinished? Or a lovely wood laminate floor installed? I would consider all options, and then ask for what you really want!

 

[Selkie]

Date: 1/31/2008 6:54:26 PM
Author: Lynn B
I, too, think he will be happy to oblige you. (And I also think he should absolutely pay for it.) But I digress! Do you want the carpet replaced with more carpet? I ask this because I am NOT a ''carpet person'', and would prefer lovely hardwood floors any day of the week.

So, maybe you''d rather have your wood floors refinished? Or a lovely wood laminate floor installed? I would consider all options, and then ask for what you really want!

We''d SO much rather restore the wood floors that are under there now! The bedroom doesn''t have carpet, just wood, that''s in serious need of refinisihng as well. We''re not sure what condition the living room floor is in, but it''s definitely a possibility. We''re going to bring that up to him as an option. Our only concern is that it will take a lot longer and be more expensive than just replacing the carpet. It seems like kind of a waste to put laminate over wood, but maybe that''s an option. Thanks for the suggestions!