What Can I Do If the Landlord Wants to Charge Me for Excessive Repair Work?
Full Question:
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 Again, if it is just ugly or out of date then the landlord is not legally obligated to do anything.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.
