Legal Question in Civil Litigation in California
I accidentally overflowed the bathtub and did some water damage to the downstairs condo. The owner rents out the unit, and now wants to sue me for lost rent starting a month after the incident. The renters were offered a hotel room, expenses during repair which they declined, and non of their personal belongings were damaged. His condo would have been repaired well within the month, so can he sue me starting a month after the incident?
2 Answers from Attorneys
Anybody can sue anybody for anything. You should turn this claim over to your 'renters insurance' agent. You DO have such insurance as required in most rental and lease agreements, right?
If not, then you'll have to hire your own attorney to defend any lawsuit brought against you, unless it is in small claims court.
He can sue you for whatever lost rent he lost, but he can't make up imaginary lost rent. Your question fails to address the key fact. It doesn't matter when he started losing rent. I once rented a place that was damaged and the landlord didn't start repairs for several months after the damage. What matters is when he actually lost rent and how much. Whatever and whenever that is, he can sue you for, up to two years after the incident.
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