Legal Question in Landlord & Tenant Law in California
Dear Sir/Madam,
The apartment which I rented were flooded And the Insurance of my landlord paid the cost of the repair. Now the insurance company give my information to a "law office/debt collection" company and they are asking me to pay them more that $50k for the cost of repair. Is it me how is liable to pay the costs?
Regards
1 Answer from Attorneys
If your negligence caused the flood, then you might be liable. For instance, if you left the bathtub running all night and went out, then you would be responsible for the damage.
On the other hand, if a pipe broke in the wall, you reported it, and it wasn't fixed for hours or days while flooding your apartment, that wouldn't be your fault and you would not be liable for the damage or repair.
As for the law office/debt collection company's calls, they're trying to get money from you for the insurance company which already paid out for the repair. That's called "subrogation." So, owing money depends on whether you are responsible for the damage to the property.
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