Legal Question in Real Estate Law in California
Power Surge damage, landlord's liability
To Whom It May Concern:
The buliding that I rented from was a historical building. The rent was $450 and it included all utilities. Then, the building was sold. The new owner increasesd the rent to $515 and wanted the tenants to pay for their own electricity. I received one notice in early September 2002 about the installation taking place before 10/10/2002. I did not receive any warning about power surges that can take place from the installation. October passed, and the electrical work was not complete. I waited until further notice. Then on 11/15 I woke up to find that my clock and microwave were not working. Then, later that night, I received the second notice about the electrical installation taking place in the next two weeks. Later that weekend, I tried to use my computer, and it was broken. I soon realized that my clock, microwave, CD were also affected by the electrical installation. I tried to get my landlord to pay for the damages, but he ignores me. I told him I will have to take him to small claims court. My question is, before I take him to small claims court, I want to know if I have case. Please help me.
1 Answer from Attorneys
Re: Power Surge damage, landlord's liability
If you sued the landlord, you would have to prove (a) that he owed a legal duty to you to prevent power surges, (b) that he negligently did, or failed to do, something that resulted in the power surges, (c) that your equipment was damaged in the amount of X$, and (d) the damage flowed from or was caused by the landlord's negligent act or omission.
This seems like a lot to prove, especially the part about the landlord's having a duty to do, or not to do, something.
More likely, you would have to sue (and prove these same things against) the contractor and/or the electric utility.
In my opinion, the fact that power surges have occurred would be very difficult. Other than damage to some equipment, where is the proof?
Further, even if power surges did occur, I think they are considered an unavoidable adjunct of the operation of an electric utility, and that owners of surge-sensitive equipment should provide their own protection.
You would probably need expert witnesses to establish the necessary facts, if they can be established at all.
Further, you appear to have been unwilling to participate in the rewiring process.
I don't think you have a good case.
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