Re: CA LAW SPECIFIC - Landlord Forum thread 163030

Re: CA LAW SPECIFIC by Anonymous on September 26, 2008 @22:58

Terry, I'm the person asking the question about the carpet damage. Thanks for the insights, because these issues about replacement were exactly what confused me. In answer to why was there was carpet on the floors if they were so "great", I would like to respond.(This is precisely the argument my "legal eagle" tenant intends to use in small claims court.) This was my mother's home, and she always had carpet on it. She was afraid to use the wood floors. When it was necessary to move her to nursing care and rent out the house for funds to cover her care, I chose to put a new carpet over the floors in an effort to protect the unblemished hardwood floors. They are 55 years old, and were BEAUTIFUL. The carpet installer commented that it was a shame to cover them. At that time, I anticipated that one day I myself might wish to reside in the home, after the passing of my mother. My intention was not to use this home as a long term rental, but rather to protect the floors underneath until such time as I could return the home to residential status. When I removed the carpet, due to odor, the condition of the wood floor was horrific, with erosion, crystalized urine which was turning to mold, etc. No reputable carpet company would have installed a carpet over such conditions, as my warranty would have been null and void. I had spent over $30,000 to restore the house to close to pristine condition prior to renting (painting, replacement of vinyl and carpet (covering wood floors), etc. I have since discovered from a neighbor, who witnessed this, that the tenant had continually put "puddle pads" on the carpet to catch the dog urine, and the dog had missed many times. I was unaware of this due to living over three hours away from the rental. Boy, did I make mistakes. I was very niave about thinking that I had a tenant who would take good care of the home. I am seeking legal advice, because I am continuing to get conflicting advice from Fair Housing, Rental Management Companies, etc. about the question I have about replacement. I am more than willing to refund that portion of the deposit if my interpretation was incorrect. You all have been most helpful in showing me that this is confusing and that I need to seek legal clarification. Thanks again. Dawn

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