Legal Question in Landlord & Tenant Law in California
My new (2-3 years old) bed was destroyed by flooding in my home, a rented duplex. The fire dept. unclogged the drain on the Spanish style flat roof and drained 10 gallons of water from the roof.
My landlord is refusing to replace my bed, but wants to "settle" by paying me half of my bed.
I told him that A) I cannot buy half of a bed B) My bed had a 25 year warranty and he should at least pay the replacement value of 22/25th of the bed if not the full value, C) he is trying to intimidate me and manipulate me into settling, because he says, that he will never pay it, no matter what the courts say, because I have found another home to move to, since he has been so uncooperative in all this.
Would I be awarded the full value in small claims court? I had no renter's insurance.
2 Answers from Attorneys
You might not be entitled to full value of the bed, only the repair costs. The warranty is not an issue, because nothing about the bed failed, it was just damaged by water. If you don't have renter's insurance, you'll have to try and settle with the LL. Good luck.
I'm assuming Mr. Iadevia's answer is not helpful, as the bed is a total loss. If the bed is a total loss, it is the same as if he totaled your car. You would be entitled to the fair market value of the car, or in this case the bed. The warranty is irrelevant. This is why it pays to have renter's insurance with replacement cost coverage.
Related Questions & Answers
-
How Often can a land lord give you a 24 hr notice? Asked 2/17/10, 2:17 pm in United States California Landlord & Tenants
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
