Can a landlord force a carpet replacement during the term of our lease over our objections?

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Can a landlord force a carpet replacement during the term of our lease over our objections?

The carpet is defective and will be replaced at no charge but we have 8 months remaining on our 2 year lease; we want the landlord to wait until after we vacate to replace it but she insists on having the work done now.

Asked on October 11, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The landlord, as owner, as full and free right to decide when to perform repairs or maintence, including carpet replacement, subject only to the following:

1) Providing you reasonable notice (e.g. more than 24 hours);

2) Doing it at reasonable times (e.g. during the day, not at night); and

3) If the carpet replacement makes your rental uninhabitable for several days, you may be entitled to some rent abatement to reflect that (e.g. a rebate or reduction in rent for the period of uninhabitability).


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