Full question:
How often does an apartment complex have to replace a vinyl floor in California? I lived in an apartment for 2 years 8 months. During that time my brother in law was cooking and caught the burner on fire. Instead of just smothering the fire he panicked and pulled the burner off of the stove and dropped it on the floor. It made a swirl pattern on the floor. I know I'm responsible for the damage to the floor. But I'm being charged $800 to replace the whole floor instead of a vinyl repair of just the square that was damaged. I used to install flooring for a living back in 2000. The damage caused by the burner was minimal and if I were still installing flooring I would just repair that portion. Which brings me to my question. I know for a fact that the vinyl in that apartment is several years old. It is the same vinyl I was installing in that same complex back in 2000. When vinyl was replaced in that apartment it was only the up stairs bathroom due to the sub floor being rotted out and it was a totally different pattern then the rest of the vinyl floors in the apartment. I had asked for new flooring for that apartment and I was told well if you renew your lease we'll install new flooring. So I resigned my lease. The complex changed hands and I was told no. But if resigned my lease they would. Well the time came to renew my lease and they did and an apartment inspection and said no the flooring was good for another two tenants. Frustrated I decided to leave the complex. So I moved out. I know I'm responsible for the damage to the floor, but not $800 worth. Plus all the other move out fees... I remember reading some where that flooring had to be replaced every five years. Any advice you can give me would be great. Thank you!
- Category: Landlord Tenant
- Subcategory: Repairs
- Date:
- State: California
Answer:
Assuming there is no agreement or lease term regarding replacing the carpet, there is no law requiring landlords to paint the property or replace the flooring based on any set formula or passage of time. Landlords are required under California law to properly maintain the premises in a safe and habitable manner. A landlord would be required to refloor a rental unit in the event that the failure to refloor has become a health and safety hazard.
For example, a worn floor becomes a health- and-safety issue when it is a trip and fall hazard or is so worn that the tack strip or other elements poke through and could injure someone. Again, if it is just ugly or out of date then the landlord is not legally obligated to do anything. However, it may be in a landlord’s interest to replace flooring when it makes the premises easier to rent.
In a civil claim for damages for property damage, the plaintiff is entitles to be restored to the position they had before, but not be made better off. Therefore, if it is possible to repair the floor partially, you may want to get an expert opinion in writing that an entire floor replacement is unnecessary to repair the damage. The person harmed must take measures to prevent the resulting harm from growing worse. This is called the duty to mitigate damages. For example, if an accident causes a hole in a window, the homeowner must take measures to cover the hole to prevent further damage due to theft, water damage, etc. If the landlord failed to take measures to minimize the damage, or exaggerated the repairs needed, you may have a defense against the amount claimed.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
