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    pjnickle's Avatar
    pjnickle Posts: 3, Reputation: 1
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    #1

    Mar 28, 2012, 05:50 PM
    My apartment water pipe broke in California, tenant replaced carpet with a wood floor
    The condo we rent had a pipe burst and water went over the lower level. About 2 months ago my husband and I replaced the carpeting in a 10x10 living room with a wood look like floor.It was saturated and now buckling. We 've lived here 1 1/2 years and our asthma was getting out of hand andour dr suggested we replace. Carpeting. We never thought to ask the manager because it was definitely an upgrade. The manager now has chewed us out for doing that. We said it wouldn't matter anyway since they would've had to rip up and throw out carpet and padding anyhow. However they have informed us they would have dried it out and left it. Furthermore we have 2 1x1 holes in the wall they are not repairing till next week. We have a cat and concerned will crawl into the wall!
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #2

    Mar 28, 2012, 06:02 PM
    Please clarify what you are asking, I see no actual question yet
    pjnickle's Avatar
    pjnickle Posts: 3, Reputation: 1
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    #3

    Mar 28, 2012, 08:36 PM
    The manager wants us to pay for new carpeting and pad. She also does not want us to replace the high quality wood laminate that was damaged from the burst pipe with same high quality wood laminate again. She wants the builders grade carpet and pad replaced at our expense. Do we have to use carpet even though we paid and are willing to pay to put the laminate back in? It is a major health issue for me.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Mar 28, 2012, 09:08 PM
    Quote Originally Posted by pjnickle View Post
    ...She wants the builders grade carpet and pad replaced at our expense. Do we have to use carpet even though we paid and are willing to pay to put the laminate back in? It is a major health issue for me.
    Yes. It's their condo, not yours. So they get to decide what kind of flooring it has. But what I don't understand is why you paid to replace the original carpeting. Was the burst pipe your fault?

    If it's a health issue for you, break the lease and move out. But be prepared to pay damages for breach of the lease.
    pjnickle's Avatar
    pjnickle Posts: 3, Reputation: 1
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    #5

    Mar 28, 2012, 09:29 PM
    Pipe burst wasn't our fault and just occurred today. We replaced the carpeting a few months ago trying to improve our health. They want us to now pay for carpeting and a pad because they said they would not have replaced the carpet jfrom the water damage and just dried it out, (this leak destroyed the flooring we put in.)
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Mar 28, 2012, 09:57 PM
    I see.

    As I said, it was not your right to replace the carpeting with laminate flooring. I believe the are entitled to the cost of replacing the carpeting they had. I don't know if they could have got away with just drying out the carpeting, but since you took that out without permission, it's neither her nor there.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Mar 29, 2012, 03:43 AM
    Agreed, carpeting or any flooring is considered a modification to the property. Therefore, you needed to obtain permission from the landlord before replacing flooring. Since the water damage was not your fault, then it was up to the owners or the Condo to make the repairs. If the repairs created a health hazard for you, then you had cause to complain. But taking action without the owner's permission means you accepted responsibility for the costs.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #8

    Mar 29, 2012, 05:01 AM
    Agreed, without asking you can not "upgrade" an apartment and OK, you did that for the asthma but you have a cat,

    Anyway, the owner is in their full right to demand that you put the apartment back the wayit was. So you will have to pay to have carpet like what was in the apartment put back.
    If he fixes it, he can charge you the entire costs of the carpet.

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