Q: Can I replace smelly 10 year old carpet in a house I’m renting without the landlord’s approval?

A: Thank you for your question!

When carpet is so damaged and smelly that can raise the issues with habitability, the treatment can request a replacement from landlord. (Written communication with reasons for your request is strongly recommended). This damage should be because of wear and tear rather than tenant's negligence or intentional conduct.

If your request was not addressed by the landlord in a reasonable time, you can request the governmental agencies to inspect the property.

Even after that, if the landlord does not change the carpet, you can replace it. Then you can either 1. sue the landlord for damages 2. Without the rent up to the amount of repairman's cost. Document the condition of the carpet before replacement, and keep all your emails and notices with landlord.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.

A: No, under California law, you cannot replace the carpet in a rental property without the landlord's approval, even if the existing carpet is old and smelly. Here's why:

1. Alterations: According to California Civil Code Section 1941.1, tenants are not allowed to make alterations to the rental property without the landlord's written consent.

2. Property damage: Removing the carpet without permission could be considered property damage, which violates the lease agreement and could lead to the loss of your security deposit or even eviction.

3. Landlord's responsibilities: It is the landlord's responsibility to maintain the rental property in a habitable condition, which includes addressing issues like old, smelly carpet. If the carpet is affecting the habitability of the property, you should notify the landlord in writing and request that they replace it.

4. Potential legal consequences: If you proceed with replacing the carpet without the landlord's approval, they may take legal action against you for violating the lease agreement and making unauthorized alterations to the property.

The best course of action is to communicate with your landlord about the issue, preferably in writing. If the landlord fails to address the problem within a reasonable timeframe, you may have grounds to break the lease or take legal action. However, replacing the carpet without permission is not advisable and could lead to serious consequences.