Can our landlord install carpet instead of replacing the existing hardwood floors?

UPDATED: Aug 24, 2011

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Can our landlord install carpet instead of replacing the existing hardwood floors?

My land lord wants to install carpet and we want our same hardwood floors. What do we do? We have been living here for 6 months now our landlord pops up and wants to install carpet and we don’t want it.

Asked on August 24, 2011 Maryland


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Whether or not your landlord is entitled to install new carpet in your unit where repairs are not requiring it, you need to carefully read the terms and conditions of your lease in that its terms control the obligations and duties you owe the landlord and vice versa in the absence of conflicting state law.

If the written lease makes no mention of the landlord's ability to install new items in your rented unit against your wishes, most likely he or she does not have the right to do such.

Under the laws of all states when a landlord rents out his or her unit, the landlord no longer is entitled to possession of it, the tenant is for the balance of the tenant's lease's term. Since the landlord is not entitled to possession of the rented unit, you should take the position that since no repairs are needed requiring the carpet, there is no need for its installation and you prefer that carpet not be installed during the term of your lease by the landlord. In the end, this saves the landlord some money.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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