Real Estate Law (esp. Landlord-Tenant)/tenant question


Dear David:
A water pipe burst in our kitchen and flooded our kitchen floor and part of our living room floor.  After some convincing, the property manager agreed to replace the kitchen floor and all of the carpets in the living room and bedroom.  He indicated that the carpet men could help move the furniture *only* in the living room to the bedroom and we would have to move the rest (the rest includes a big screen tv and other assorted electronics). The property manager said we could use a room-to-room strategy meaning when it came time to carpet the living room, we should move everything in the living room to the bedroom. When it came time to carpet the bedroom, we should move everything in the bedroom to the living room. Well, we looked at what we had and we think it's not possible to put everything we had into the bedroom and we don't think it's possible to put everything we have in the bedroom into the livingroom. Consequently, there will be additional expenses of hiring 1 or 1 men to carry some of these things down to a parking spot that we have downstairs.  So for this additional expense (of hiring 2 men), is there a law perhaps that will back us up since the water pipe exploding is not of our doing and the amount of stuff that we have which prevents us from using a room-to-room strategy is not our fault?  Thank you kindly.

Hi Wayne,

I switched this message to public. The reason for volunteering my time on here is so the public can benefit as a whole.

The landlord is required to provide a tenant with a habitable property. Landlords are also required to provide tenants with quiet enjoyment. It would most likely be a question for a court to determine whether or not the furniture could feasibly be moved from one room to another room, rather than moving it to the parking spot. If you truly feel that the furniture could not be moved from one room to another room while the carpet was being replaced, then you might want to write a letter to the landlord clearly explaining why this is the case, and give the landlord an opportunity to respond. Based on the response you receive from the landlord, you would then need to decide on what action to take, if any.

Thanks for your question.

David Piotrowski
Attorney at Law

*No Attorney/Client Relationship and No Legal Advice -

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Real Estate Law (esp. Landlord-Tenant)

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David Piotrowski, Esq.


My landlord/tenant practice primarily assists California landlords with all aspects of the landlord/tenant relationship including leases, contract violations, non-payment of rent, and evictions. I can also advise, on a more general level, other real property issues.


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Juris Doctor (JD) and Member of the State Bar. Attorney.

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