Legal Question in Landlord & Tenant Law in California
Damage property/business due to negligence of Landlord
The main beam of the roof to our business broke due to a water drainage problem. The water from the rain on the entire roof of the building came into our store. This flooded our store and went to our neighbors. The beam is broken, the ceiling and floors are ruined, the furniture (for displaying our merchandise) has been sitting in water for two days and some of the merchandise are ruined.
The Landlord said he will fix the roof and ceiling but our insurance is responsible for everything inside. This includes the floor, any damaged merchandise or displays, lost of revenue and rent. We feel due to his negligence for the drainage problem we should not have to pay for rent (for the amount of time we are closed to do repairs) and he should pay for our lost of revenue and any damage that occurred. Our insurance is looking into what they will cover, but some money will be coming out of our pocket.
We've only been open for 6 weeks, we just want to get back on our feet. We want the Landlord to hold full responsibility since it wasn't a 'natural disaster' but the drainage and roof was not maintained properly. How can we pay for rent when we are not taking in any revenue? We expect to close from 2 - 4 weeks.
2 Answers from Attorneys
Re: Damage property/business due to negligence of Landlord
You may have a claim against the landlord as well as the insurance company. You will need to obtain an estimate of your loss. An attorney (or our firm) would have to review your lease and insurance policy as well as any letters. Our firm handles cases throughout California.
Re: Damage property/business due to negligence of Landlord
You may be entitled to recovery from your landlord or the insurance comapany. An attorney will need to review your lease and any letters from your landlord or insurance adjuster. If you need assistance, please contact my firm at 323-842-1112
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