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:
In California, there is no specific law requiring landlords to replace flooring at set intervals. Landlords must maintain rental properties in a safe and habitable condition. They are obligated to replace flooring only if it poses a health or safety risk, such as being a trip hazard or excessively worn. If the floor is merely outdated or unattractive, the landlord is not legally required to replace it.
When it comes to damages, the principle is that a tenant should be restored to their original condition but not improved. If your damage is minimal, you might consider obtaining a written opinion from a flooring expert stating that a full replacement is unnecessary. Additionally, tenants have a duty to mitigate damages, meaning they should take reasonable steps to prevent further damage. If the landlord did not minimize the damage or exaggerated the need for repairs, you may have grounds to contest the charges.
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.