Legal Question in Civil Litigation in California
I live in a condominium building in San Francisco. My neighbor above my unit who was a renter, had left the bathtub fault running until it flooded his unit and caused damages to my unit. Soon after this problem, the renter�s lease expired and he vacated the premises. I have asked the owner of the condo above my unit to fix my damages. He tells me that he is not responsible and I should sue the renter. The renter has moved to Hayward.
Can I sue the renter in the small claims court in San Francisco or go to Hayward?
3 Answers from Attorneys
The landlord is responsible for what they can reasonably foresee their tenant might do; flooding the unit is one of those types of acts. Sue the landlord and tenant; the landlord probably has insurance coverage. You can sue in S.F. as that is where the damage occurred.
Mr. Shers is wrong about the landlord being liable, but correct that y can sue the renter in S.F. For conduct he engaged in while in SF.
I agree with Mr. McCormick. You should make a claim to your insurer if you have one. If your loss is covered the insurer will pay for it (minus your deductible, of course). If it thinks suing the former tenant is worthwhile, it will do so.
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