Legal Question in Civil Litigation in California
My tenants stopped watering the grass when the sprinkler system had to be turned off because of a leak in the system. They could have used a hose and sprinkler but did nit do so. The backyard landscaping is completely dead. I kept a portion of their deposit. They are suing me because they said they could not water the yard BUT there is a working spigot in the front yard. They could have attached a hose there and watered the backyard with it. They did not. They are suing for deposit, (his) missed work because he had to take off work to file the case and go to court, and harassment. Do they have a case?
2 Answers from Attorneys
I assume small claims action... They should not be able to sue for missed work... ...they should have tried to mitigate the damages... You should have repaired the system to also mitigate your damages.... I suspect the final judgment will be closer to your claim but doubt expect complete victory...
Your question is really about landlord-tenant law. Please re-post it under that category.
It's not clear to me whether your tenant had a duty to water the lawn once your sprinkler system stopped working. My hunch is that he didn't. If he had no such duty, then he will likely win his case. The scope of his duties is defined by the lease agreement and by various statutes that I'm not familiar with. If you re-post your question under the right category, you will reach more lawyers who will know how to answer it.
Good luck.
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