Legal Question in Landlord & Tenant Law in California

Damaged property

I live in an apartment complex and there was a waterleak in the wall of our closet. The neighbor reported waterlogged carpet a month ago for his closet that adjoins ours. No one came to check ours or let us know about it. I went in last weekend because we are moving out of state and when I went to pack the boxes I found that some of my things were ruined from mold and dryrot. I told the owner about it and she is saying that they are not responsible for any damage. In the meantime - there was a leak from the upstairs neighbors bathtub which leaked into our bathroom walls and floor so now the owner says that our original damage is from that and we need to go to the neighbor to be compensated. Due to the amount of mold and dryrot, the damage was caused long before this. They are refusing to pay for the damaged items and I need to know if legally I can fight them on it


Asked on 10/18/07, 7:47 pm

2 Answers from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Damaged property

Yes, you can should fight the landlord.

As Mr. Meyer has pointed out, you should file in Small Claims Court.

You will need to show liability before you can ask for damages. Liability requires being able to show the cause of the damages, and while you may not be able to do it to a certainty, the chances are strong that you have a good case.

The point about your upstairs neighbor's tub is interesting. If the neighbor's tub had a leak, that is the manager's fault. If it overflowed because you neighbor was careless, drunk, asleep, etc., then the neighbor is at fault. Talk to your neighbor, and "investigate".

Even so, you have a cause of action against the landlord, however, moving out of state may cause you transportation problems.

Also, most landlords would carry liability insurance, so your cheapskate landlord is probably more worried about his insurance rates, than restoring your property.

If you need more help, please feel free to e-mail, or call, my office.

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Answered on 10/19/07, 10:30 am
Michael Meyer Law Ofc. Of Michael J. Meyer

Re: Damaged property

Unless you can show that the damage was caused by the landlord's willfull conduct or negligence, you will not recover for those damages.

Was the landlord negligent in not investigating the extent of the leak? Did that failure to investigate cause or worsen your damages? I think you have colorable arguments there, and would therefore bring a small claims action on that basis.

Good luck.

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Answered on 10/19/07, 8:59 am


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